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A comment on Fluke owns trademark on multimeters with "contrasting yellow border". Parent comment

Re:Fluke owns trademark on multimeters with "contrasting yel... by pilom on Wednesday March 19, 2014 @11:36AM (#7429350)
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...

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Re:Fluke owns trademark on multimeters with "contrasting yel... by leephillips on Wednesday March 19, 2014 @11:59AM (#7429553)
Perhaps if the shirt is also a soft drink. Otherwise I think the likelihood of consumer confusion is pretty slim.
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Re:Fluke owns trademark on multimeters with "contrasting yel... by pilom on Wednesday March 19, 2014 @04:21PM (#7431577)
In 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.
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Re:Fluke owns trademark on multimeters with "contrasting yel... by Floegipoky on Wednesday March 19, 2014 @11:45AM (#7429429)
Doesn't fair use apply to this?
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