The Expansion of Trademark Law
World War II Campaigns in Europe videos by Dastar (c. 1995)
Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)
(holding that trademark law could not be used to prevent the copying of an work with an expired copyright for failure to credit the original producer)
Sykes Patent Powder Flask (early 1800s)
Sykes v. Sykes, 107 Eng. Rep. 834 (King’s Bench 1824)
(recognizing trademark law as well established, and enjoining a rival’s use of plaintiff’s mark “Sykes Patent” on inferior powder flasks)
Utah license plate (c. 1994)
Ringling Bros. Barnum & Bailey Combined Shows, Inc. v. Utah Division of Travel Development, 170 F.3d 449 (4th Cir. 1999)
(holding that a dilution action required a showing of actual economic harm)
Boston Bruins patch (c. 1970s)
Boston Professional Hockey Ass’n, Inc. v. Dallas Cap & Emblem Mfg., Inc., 510 F.2d 1004 (5th Cir. 1975)
(holding that unauthorized sports-team merchandising can be trademark infringement)
Godinger and Wallace silver forks
Wallace Int’l Silversmiths, Inc., v. Godinger Silver Art Co., Inc., 916 F.2d 76 (2d Cir. 1990)
(holding that the ornate design of silverware is unprotectable as a trademark)
Duff beer can
Twentieth Century Fox Film Corp. v. South Australian Brewing Co. Ltd., 34 IPR 225
(Fed. Ct. New South Wales Dist. 1996) (allowing trademark cause of action where plaintiff’s trademark was admittedly fictional)
Stiffel pole lamp (1950s)
Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964)
(holding state unfair competition protecting lamp design to be pre-empted by federal patent law)
Qualitex press pad cover
Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (1995)
(permitting color of product to serve as a trademark)
Samara gingham baby dress with butterfly appliques
Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (2000)
(disallowing claim of trade dress protection for a particular look for baby clothes)
Gay Toys toy sedan (c. 1970s–80s)
Warner Bros. Inc. v. Gay Toys, Inc., 724 F.2d 327 (2d Cir. 1983)
(allowing trademark cause of action against manufacture of car similar to one depicted in television series)
TrafFix Little Buster sign and stand with dual-spring base (2000s)
Traffix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23 (2001)
(disallowing a functional aspect of product – the dual-spring base – which was the subject of an expired utility patent, from being protected under trade dress doctrine)
Blue Mountain greeting card (c. 2007)
Hartford House, Ltd. v. Hallmark Cards, Inc., 864 F.2d 1268 (10th Cir. 1988)
(holding that overall look of a greeting card is protectable under trademark law)