Mainstreaming Trade Press Law: The Rise and Fall of Secondary Meaning
This Article attempts to answer these questions and argues that in view of the common underlying policies of trade dress and trademark law, and in the interest of mainstreaming trade dress law into that of trademark law, proof of secondary meaning should not be required where a trade dress is found to be inherently distinctive. Further, this Article takes the position that despite a finding of no secondary meaning, a trade dress may nevertheless assume inherently distinctive status. Indeed, the mainstreaming of trade dress law may foment the competitive process and lead to more consistent and equitable holdings by the courts as well as more predictable results for trade dress owners.
Copyright, Dress Law, Secondary Meaning
Place of Original Publication
Detroit College of Law Review
1993 Detroit College of Law Review 37 (1993)
Nard, Craig Allen, "Mainstreaming Trade Press Law: The Rise and Fall of Secondary Meaning" (1993). Faculty Publications. 1133.