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Full Steam Ahead for Jack Daniel’s Trade Dress Suit

Robert J. Kenney, for World Trademark Review

 

A district court has given Jack Daniel’s the go-ahead to pursue enforcement of its trade dress at trial. This early finding provides some useful pointers on secondary meaning.

Section 1114 of the Lanham Act (15 USC) protects registered trademarks and trade dress against infringement by unauthorized users of confusingly similar marks. Non-registered trademarks and trade dress are similarly protected under Section 1125(a) (15 USC). If the claimed trade dress is not registered on the principal register, the party that asserts trade dress protection bears the burden of proving that the design for which protection is sought is not functional.

 

Read the rest of the article here.

This article first appeared in World Trademark Review issue 67, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.WorldTrademarkReview.com.