LAW 101 Lecture Notes - Lecture 40: Kodak, Trade Dress, Web Browser
Document Summary
Law 101: remedies for improper use of marks: In addition to broad injunctive relief, prevailing party may recover lost profits & other actual damages. In cases of willful violations, court has full discretion to award plaintiff up to treble damages. )n (cid:498)exceptional cases(cid:499) court has discretion to award attorney"s fees: abandonment of exclusive right to mark: An owner who has an exclusive right to use a mark may lose that right. If other persons are permitted to use that mark, it loses its exclusive character & is said to pass into english language & become generic: exs, aspirin, thermos, cellophane, shredded wheat. Non-use for 3 consecutive yrs. is prima facie evidence of abandonment: trade dress protection: Firms invest significant resources to develop & promote appearance of products & packages in which products are sold & are clearly recognizable by consumers: in the case of consumer goods, includes overall packaging look in which.
