Silo Unloader

(Common Law Product Configuration Trade Dress)

J-Star Industries v. Valmetal (W.D. Wisc., 96-CV-0236). Common law trade dress for a silo unloader farm implement Patent had expired after 20 year term. Jury trial and verdict upholding product configuration trade dress based on finding of secondary meaning, likelihood of confusion and ornamentality/non-functionality of the trade dress.

Filed Under

Overcoming Descriptiveness Rejections by the USPTO

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