Re:Apple's suggestions to Samsung to work-around its iPhone ...
by danilocampos on Saturday December 03, 2011 @03:37PM
(#3308741)
That depends on the counterfeit.
In the case of a counterfeit that looks like a BMW and is badged with the BMW logo, sure.
Otherwise, it becomes a matter of trade dress, which is equally important – and equally valid. Which, for this example, could be a "BBW," perhaps, with green and black circular emblem and a design resembling a Z4.
The test, as I understand it, is whether or not the manufacturer selected a given design specifically to piggyback on the existing goodwill of another brand.
In the case of a counterfeit that looks like a BMW and is badged with the BMW logo, sure.
Otherwise, it becomes a matter of trade dress, which is equally important – and equally valid. Which, for this example, could be a "BBW," perhaps, with green and black circular emblem and a design resembling a Z4.
The test, as I understand it, is whether or not the manufacturer selected a given design specifically to piggyback on the existing goodwill of another brand.