Sentences with phrase «distinctive trade dress»

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Not exact matches

The distinctive Rainbow Array ® clear packaging is protected by a trade dress which insures that consumers are able to associate the distinctive Rainbow Array ® packaging with Ziegenfelder Co. products.
The fact that defendant has not only dressed his product in imitation of that of the plaintiff, but has, in addition, likewise used plaintiff's trade - mark, gives added reason why the Court should require that hereafter defendant not only discontinue the use of the name «Tabasco,» but that he adopt a new and distinctive bottle and carton, such as will clearly and unmistakably differentiate his sauce from the «Tabasco Pepper Sauce» manufactured by plaintiff.
To qualify for trade dress protection, the packaging needs to be distinctive and likely to cause confusion if another product or service were to use similar dress.
The restaurant can probably claim «trade dress» protections of its «look and feel» to the extent that those elements are a consistent part of the restaurant's image and is distinctive.
The plaintiff in that case claimed that their product's spring mechanism was legally protected as a visually distinctive part of their product's trade dress, but the Supreme Court held that the spring mechanism was ineligible for trademark protection insofar as it was a functional component of the product.
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