Trade Dress

Gateway, Inc. sells computers, computer products, computer peripherals, and computer accessories throughout the world. By 1988, Gateway had begun its first national advertising campaign using black and white cows and black and white cow spots. By 1991, black and white cows and spots had become Gateway’s symbol. The next year, Gateway registered a black and white cow spots design in association with computers and computer peripherals as its trademark. Companion Products, Inc. (CPI), sells stuffed animals trademarked as “Stretch Pets.” Stretch Pets have an animal’s head and an elastic body that can wrap around the edges of computer monitors, computer cases, or televisions. CPI produces sixteen Stretch Pets, including a polar bear, a moose, several dogs and a penguin. One of CPI’s top selling products is s black and white cow that CPI identifies as “Cody Cow,” which was first sold in 1999. Gateway filed a suit in a federal district court against CPI, alleging trade dress infringement and related claims. What is “trade dress”? What is the major factor in cases involving trade dress infringement? Does that factor exist in this case?

Justify your answers using information from your reading and be sure to:

• Discuss the definition of trade dress.
• Discuss the elements of trade dress and how the elements directly relate to the above case.