holding that the shape of a product was not an advertising idea because there was no allegation in the complaint "that the design itself [was] a trademark, or [was] intended to distinguish the product from others that might enter the market."
Summary of this case from Trailer Bridge, Inc. v. Illinois National InsuranceNo. 92-56320.
June 7, 1994.
Appeal from the S.D. Cal.
AFFIRMED.
holding that the shape of a product was not an advertising idea because there was no allegation in the complaint "that the design itself [was] a trademark, or [was] intended to distinguish the product from others that might enter the market."
Summary of this case from Trailer Bridge, Inc. v. Illinois National InsuranceFull title:Proxima Corp. v. Federal Ins. Co
Court:United States Court of Appeals, Ninth Circuit
Date published: Jun 7, 1994
Instead, the statement provided a brief explanation of the factors affecting price in the entire Puerto Rican…
Trailer Bridge, Inc. v. Illinois National InsuranceCf. American Simmental Ass'n v. Coregis Ins. Co., 282 F.3d 582, 587 (8th Cir. 2002) ("The plain and ordinary…