Originally Posted 12/5/06
Our new associate was given a small gift of a desk clock from the University of Denver School of Law upon successful graduation: Hey, it’s the least they can do after he gave them about $90,000 over three years. The clock has a thermometer and as such the clock has been repeatedly moved from office to office as we try to get the HVAC in our new office dialed in.
Anyhow, we began to question the temperature readings off of the clock. So I opened up the back to check the batteries. I was extremely surprised to find that the batteries were
Duracells as usually these types of gifts have no name powercells. But were they?
I turned around the batteries and they were not Duracell brand batteries! Can we say Trademark infringement, baby. Trademarks are not only words, logos, slogans but can also include distinctive nonfunctional product features (i.e. tradedress). Clearly, a black battery with a copper colored top is recognized all over the United States as a Duracell brand battery.
So folks keep it in mind that you can trademark your products tradedress as well as associated names, slogans and logos. And if someday, your mark is counterfeited by a no name company from the orient, consider your self lucky: they only steal from the best!
