Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Trade Dress

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Design Patents and Trade Dress

Posted in Patents, Registrations, Trade Dress, Trademark Basics, Trademarks
There are several different kinds of intellectual property protection (e.g., trademarks, patents, and copyrights). The borders between the types of protection are not always clear, and it may be that some subject matter is eligible for protection in more than one category. Conversely, it may be that qualifying for protection in one category excludes the… Continue Reading

A Tradition Unlike Any Other® – The Masters® at Augusta National®

Posted in Brands, Copyright, Infringement, Trade Dress, Trademarks, Uncategorized
Hi everyone! You’re favorite Trademarkologist-in-training is back! I apologize for not blogging last month but my husband, Chris, and I were at the 2018 Masters Tournament® in Augusta, Georgia! If that’s not a “get-out-of-work-free card” then I don’t know what is! Tickets to the Masters® have been referred to as some of the toughest tickets… Continue Reading

What’s in a bag? Capri Sun’s Trade Dressed Drinks

Posted in Trade Dress, Trademarks
Summer camps are winding down at our house, which means the amount of Capri Sun being consumed is about to fall off precipitously until next summer.  Of course, Capri Sun has the ideal packaging for camps, being all but indestructible.  The packaging overcomes even the two typical nagging feelings that come with consuming a Capri… Continue Reading


Posted in Trade Dress, Trademarks
Most of our posts have focused on the trademark rights associated with particular words, but don’t forget to consider what your product looks like and how they are presented to customers.  You can develop separate rights in the look of your product.  Both the shape of a product and a product’s packaging can be protected… Continue Reading

Nobunny Knows Trademarks Like Cadbury

Posted in Brands, Trade Dress, Trademarks
You may have noticed a “very unusual kind of egg” in your grocery store. It is only available between New Year’s Day and Easter. It is wrapped in colorful foil. And it is laid by a bunny: The Cadbury Creme Egg is one of the most popular chocolate candies in the world. In the United Kingdom,… Continue Reading