本文主要讲述与固有独特性相关的案例，主要问题是袖口和衣领的贸易服装是否具有固有的独特性，法院对Seabrook Foods, Inc.诉Bar-Well Foods, Ltd.一案中开发的测试提出了申请。在具体意义上，法院曾问，公众是否认为该标志只是为服务和货物提炼了一种众所周知和普遍采用的装饰形式。本篇代写论文文章由英国论文通AssignmentPass辅导网整理，供大家参考阅读。
Focusing on the main issue that is if the trade dress of Cuffs and Collar has inherent distinctiveness, the Court made an application to the test developed in the case Seabrook Foods, Inc. v. Bar-Well Foods, Ltd., 568 F.2d 1342. In the specific sense, it was asked by the court if the mark had been considered by the public as merely refining a well- known and commonly adopted form of ornamentation for the services and goods.
This question was answered by the Court in the affirmative, identifying that the mark of Chippendales is merely varying or refining the bunny costumer of Playboy, a trade dress for services of adult entertainment, further featuring cuffs and a collar, as well as a number of other elements. The reasoning of the Court opens the question. With the decision that there must be determination of inherent distinctiveness for the present setting, it was apparently found by the Court that the bunny costume of Playboy is currently a well- known and commonly- adopted form of ornaments for the entertainment of adults. However, in this finding, the evidence seemed to be slender at best.
The costume of a bunny represented notoriousness in the year 1979 when Chippendales started to use the mark, but the last clubs of Playboy had been shut down more than 20 years ago. The quest of Chippendale for inherent distinctiveness cannot be considered quixotic, considering the clear acknowledgments of CAFC. While a fight of ten year might not be considered as practicable for majority of the parties, owners of trademark should consider to make some additional effort for obtaining the registration of inherent distinctiveness instead of the one on the basis of secondary.
There is no denial in the fact that color is an extremely widespread and common attribute noticed in the first sight. However, there is involvement of difficulty when considering to understand how to apply traditional rules when trademarks are registered and how one can avail permission to possess color in the form of intellectual property. The significance of color is evident throughout all nations of the world, especially when considering the field of advertising and marketing. This is because in this field there is huge significance of trademarks, involving the need for colorful decorations, experiences, goods and objects. However, major doubts have been placed by a number of researchers considering if color may be compatible for the performance of trademark function and whether its registration has now come to an end.