Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

تمرين 11

CASE PROBLEM WITH SAMPLE ANSWER
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 blackand- 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-andwhite 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 topselling products is a 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 Explain. [ Gateway, Inc. v. Companion Products, Inc., 384 F.3d 503 (8th Cir. 2004)]