Points of Contention The Court indicated: Trade dress can be protected under federal law The design or packaging of a product may acquire a distinctiveness which serves to identify the product with its manufacturer or source A design or package which acquires secondary meaning is a trade dress which may not be used in a manner likely to cause confusion as to the origin, sponsorship, or approval of the goods The [Trademark Act] provides a cause of action when any word, term name, or device, or any combination thereof is likely to cause confusion as to the origin, sponsorship or approval of the goods Trade dress protection exists with the recognition that in many instances there is no prohibition against copying goods and products Unless a Patent or Copyright protects an item, it will be subject to copying The plaintiff must prove that the trade dress asserted is not functional The defendant argued that plaintiffs springs 16 and 18 shown in the above drawing were functional
Suitable for parties, vacation, office work, outdoor activities and travel
A large dresser offers substantial storage, perfect for stowing away clothing, linens, and other essentials
Dress in this setting is read as a signal of respect for the host nation, awareness of international norms, and an understanding of the occasions official character
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