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· 2/12/1996

Efs Marketing, Inc., Plaintiff-Appellee-Cross-Appellant v. Russ Berrie & Company, Inc., and Russell Berrie, Defendants-Appellants-Cross-Appellees

Citations

  • 76 F.3d 487
  • 37 U.S.P.Q. 2d (BNA) 1646
  • 1996 U.S. App. LEXIS 2077

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • trade dress that merely “refers to the genus of which the particular product is a species” is not inherently distinctive
  • design of dolls similar to many other designs on the market did not serve as designator of source and therefore was not pro-tectable
  • “[C]onsumers do not associate the design of a product with a particular manufacturer as readily as they do a trademark or a product-packaging trade dress.”
  • “[C]onsumers do not associate the design of a product with a particular manufacturer as readily as they do a trademark or product packaging trade dress.”
  • “[C]onsumers do not associate the design of a product with a particular manufacturer as readily as they do a trademark or a product-packaging trade dress.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Graafeiland, Jacobs, Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.