Dilemma of Trade Dress, Informational Values and Enigmatic Distinctiveness; Semiotics Illuminating the Status of Distinctiveness
Qadir Qeidary Part I of the present article seeks to as a matter of fact assess trade dress’s potentiality of communicating information within an informative context. In that part, we try to explain that how and to what extent trade dress as a visual indicator is capable of meeting the trademark system’s goals by serving the richer and easier information to retrieve. Moreover, we show that how trade dress’s more effective abilities could positively affect the producers and consumers’ economic interests. Read Full Text Here
The Trademark Registrability of the Harley- Davidson Roar: A Multimedia Analysis
Michael B. Sapherstein Harley-Davidson’s most recent endeavor to secure trademark protection is not only its most unconventional, it is also arguably, the most unusual and provocative trademark application ever filed with the U.S. Patent and Trademark Office (PTO). On February 1, 1994, Harley filed a registration for a trademark, then already in use, with the following description: “THE MARK CONSISTS OF THE EXHAUST SOUND OF APPLICANT’S MOTORCYCLES, PRODUCED BY V-TWIN, COMMON CRANKPIN MOTORCYCLE ENGINES WHEN THE GOODS ARE IN USE.” Put simply, Harley was attempting to trademark the sound of its motorcycles; which, of course, begs the question, can a...