Trademark - Page 8
This is FindLaw's collection of Trademark articles, part of the Intellectual Property section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
U.S. Supreme Court To Determine If A Product's Design Is "Inherently Distinctive" For Trade Dress Protection
The United States Supreme Court has granted certiorari to decide when a product's design is "inherently distinctive.
The desire for used equipment has spawned in the United States alone a multi-billion dollar industry featuring the sale of pre-owned, refurbished goods. Jewelry, watches, cameras, automobiles, sporting equipment, computers, machinery, medical devices, and medical, office, and restaurant equipment are but a few of the many products purchased as used equipment. Typically such products are cosmetically reconditioned or refurbished, but more serious modifications are often required to condition the product for resale.
As of November 2, 2003, a single application filed electronically with the United States Patent and Trademark Office (USPTO), and administered by the World Intellectual Property Organization (WIPO), could potentially result in trademark protection in any or all of the 58 Madrid Protocol member countries. But U.S. trademark owners wanting to protect their trademarks beyond the U.S. border should proceed with caution, however, as looks may be deceiving.