Edward Ski Products, Inc.
2 Cited authorities
Thomas Betts Corp. v. Panduit Corp.
65 F.3d 654 (7th Cir. 1995) Cited 85 timesHolding that "Copying is only evidence of secondary meaning if the defendant's intent in copying is to confuse consumers and pass off his product as the plaintiff's. In that situation, the defendant's belief that plaintiff's trade dress has acquired secondary meaning — so that his copying will indeed facilitate his passing off — is some evidence that the trade dress actually has acquired secondary meaning."
In re Morton-Norwich Products, Inc.
671 F.2d 1332 (C.C.P.A. 1982) Cited 109 times 2 Legal AnalysesHolding that configuration of "Glass Plus" spray-bottle warranted trademark protection