Sunday, June 8, 2003

it never really seemed that the color of pills was a functional element of pharmaceuticals. But I was not thinking about it right. A new case explains that the colors do have functions. That being said, the patent holders can't use trade dress---the color and shap of pills-- effectively to stop generic makers from making comparable pills. Color is a functional element of the product. Therefore it cannot act as a source identifier. http://www.law.com/jsp/article.jsp?id=1052440823182 8:32:26 PM    comment []

The Lanham Act -- the basic trademark statute --- does not prohibit repackaging of public domain video and film. Some of the Eldred arguments must have caught the attention of the Supreme Court. 8:27:16 PM    comment []

© Copyright 2003 Noel D. Humphreys.