4/22/2004

Wash?!

— nSigma @ 10:38 pm

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4/2/2004

Starbucks v. Xingbake (Shanghai 2nd Intermediate People’s Court) -A Case Study, Part III

— nSigma @ 9:44 pm


Bake vs. Bucks

II. Trade Dress Dispute –the Logos (Lanham Act §43(a), 15 U.S.C. §1125(a))

Holding: The issue in this case is whether the round green base of the Starbucks logo is inherently distinctive and nonfunctional to be entitled protection under Lanham Act §43(a). If inherent distinctiveness is not present, then proof of secondary meaning is required.

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