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Trademark Outline (Updated)
Trademark Outline (Updated)
CLASS REVIEW
o Seabrook test: asks whether something is a common shape or design;
is it unique or unusual in that particular field
Used a lot more in trade dress cases
o Product packaging can be inherently distinctive (Two Pesos) but trade
dress product design cannot be inherently distinctive (Wal-Mart)
o Deceptive Marks
Can’t acquire secondary meaning
o Deceptively Misdescriptive
Could acquire secondary meaning