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A second example of trade dress is Coca-Cola red and white with the cursive font. For instance, this shirt [1] in red almost certainly violates Coca-Cola's trad
by pilom 13y ago
A second example of trade dress is Coca-Cola red and white with the cursive font. For instance, this shirt [1] in red almost certainly violates Coca-Cola's trade dress.
[1] http://www.cafepress.com/mf/34611212/enjoy-capitalism_tshirt?productId=448247249 http://www.cafepress.com/mf/34611212/enjoy-capitalism_tshirt...
- Floegipoky 13y agoDoesn't fair use apply to this?
- leephillips 13y agoPerhaps if the shirt is also a soft drink. Otherwise I think the likelihood of consumer confusion is pretty slim.
- pilom 13y agoIn the case of the shirt, there isn't confusion about if it is a soft drink, but a lawyer could successfully argue that a customer might buy the shirt thinking it was a coca-cola shirt. If the coca-cola trade dress did not exist, it is extremely unlikely that a shirt with that design would be marketed.