FNPS 3680 - Trade Dress, OSHA, and HazMat | UPDATED Questions
with 100% Verified Answers
Question:
What law addresses Trade Dress?
Answer:
Lanham Trademark Act of 1946
Question:
What are the four basic elements that determine trade dress
for a given package or product. Be able to give an example
for each.
Answer:
Likelihood of confusion: Customers might be misled (e.g., a generic soda bottle looking
identical to Coca-Cola).
Non-functional features: Must prove similarity comes from non-functional aspects (e.g.,
unique bottle shape).
Secondary meaning: Product design identifies the brand (e.g., McDonald's golden
arches).
First use: Must prove you established secondary meaning first (e.g., Apple's iPhone design
before competitors)
Question:
What elements constitute similarity of appearance? Be able to
give an example using color or shape.
Answer:
Trademark design, color scheme, graphic design, copy details, shape, function, totality of
elements (e.g., Color: Coca-Cola's red; Shape: Coca-Cola's unique bottle shape)
Question:
What is meant by the term "non-functional" as it applies to
trade dress? Be able to give an example.
Answer:
, Design aspects that are purely ornamental and not necessary for the function (e.g.,
Fantastik spray cleaner bottle's unique design)
Question:
How is trade dress infringement prevented?
Answer:
Research, document development, monitor market, maintain records for 5+ years,
possibly hire consultants or legal help
Question:
What factors should be considered when establishing trade
dress in the international market?
Answer:
Different meanings in different languages; registering a new name/design in each country
is advised (e.g., "Cannon" meaning "deceitful" in Chinese)
Question:
What doctorine applies for establishing trade dress for
products imported to the U.S.?
Answer:
Doctrine of Foreign Equivalents
Question:
What is the regulating agency for patents?
Answer:
U.S. Department of Commerce
Question:
Are patent laws similar in other countries besides the U.S.?
Answer:
No, each country (e.g., EU) has its own separate patent laws
Question:
Explain what a patent covers as it relates to packaging.
with 100% Verified Answers
Question:
What law addresses Trade Dress?
Answer:
Lanham Trademark Act of 1946
Question:
What are the four basic elements that determine trade dress
for a given package or product. Be able to give an example
for each.
Answer:
Likelihood of confusion: Customers might be misled (e.g., a generic soda bottle looking
identical to Coca-Cola).
Non-functional features: Must prove similarity comes from non-functional aspects (e.g.,
unique bottle shape).
Secondary meaning: Product design identifies the brand (e.g., McDonald's golden
arches).
First use: Must prove you established secondary meaning first (e.g., Apple's iPhone design
before competitors)
Question:
What elements constitute similarity of appearance? Be able to
give an example using color or shape.
Answer:
Trademark design, color scheme, graphic design, copy details, shape, function, totality of
elements (e.g., Color: Coca-Cola's red; Shape: Coca-Cola's unique bottle shape)
Question:
What is meant by the term "non-functional" as it applies to
trade dress? Be able to give an example.
Answer:
, Design aspects that are purely ornamental and not necessary for the function (e.g.,
Fantastik spray cleaner bottle's unique design)
Question:
How is trade dress infringement prevented?
Answer:
Research, document development, monitor market, maintain records for 5+ years,
possibly hire consultants or legal help
Question:
What factors should be considered when establishing trade
dress in the international market?
Answer:
Different meanings in different languages; registering a new name/design in each country
is advised (e.g., "Cannon" meaning "deceitful" in Chinese)
Question:
What doctorine applies for establishing trade dress for
products imported to the U.S.?
Answer:
Doctrine of Foreign Equivalents
Question:
What is the regulating agency for patents?
Answer:
U.S. Department of Commerce
Question:
Are patent laws similar in other countries besides the U.S.?
Answer:
No, each country (e.g., EU) has its own separate patent laws
Question:
Explain what a patent covers as it relates to packaging.
