The Supreme Court gives Two Pesos' worth - trade dress and the franchise trademark portfolio

Article Abstract:

Any trademark that is not descriptive of the goods or services it represents has been regarded as distinctive and protectable. But if that trademark has a primary meaning that applies generically to the goods or services represented, then an acquired, secondary meaning of association must be demonstrated. Trade dress has been subject to this requirement, until this year's Supreme Court decision in Two Pesos, Inc v Taco Cabana, Inc, which removed the additional burden of proving secondary meaning deriving from acquired distinctiveness.

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Extraterritorial application of state law

Article Abstract:

Issues regarding the multijurisdictional franchising agreement and the possibility of a claim for interference with a franchise contract by an out-of-state competitor are discussed. The nonextraterritorial application of one state's laws to actions wholly within another state could decide the latter.

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Pros and cons of a Community trademark

Article Abstract:

The authors discuss the Community Trademark (CTM) established by the European Union in 1993 to overcome national tram restrictions within the EU. Both the advantages and disadvantages of CTM registration are analyzed.

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