RE: Would this be applicable to the API issue?

2000-06-05 Thread Andrew McRobert
... I didn't notice any earlier mailings on this, so I'm coming in cold a little. Trade dress in the US is like passing off in Australia. It doesn't give you any more extensive protection than trade mark registration *e.g. for the debian swirl* and is harder to prove, because with TM protection,

Re: Would this be applicable to the API issue?

2000-06-05 Thread Mike Bilow
In general, trade dress is a fairly weak concept. Owens-Corning has been held, for example, to have a protectable right to make fiberglass insulation in a distinctive pink color because there is no natural association with that color and construction material. On the other hand, John Deere has