Using the International Trade Commission to Protect your Intellectual Property

The International Trade Commission (ITC) is a valuable resource in preventing the importation of counterfeit goods. While the ITC cannot award damages, they can issue exclusion orders that will keep infringing products out of the United States. These orders are generally much easier to obtain than court ordered injunctions.

UK Court Rules that Nestle Cannot Trademark the Kit Kat Shape

A court in the United Kingdom recently held that Nestle cannot trademark the shape of its chocolate Kit Kat bar. This may pave the way for competitors such as Cadbury to make a similarly shaped bar.  Nestle plans to appeal this decision.

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Court Finds No Copyright Protection for Shapes & Colors in Recent Suit Against Starbucks

The Plaintiff artist in this case claimed that she was approached to create an advertising campaign for Starbucks. She declined but argued that Starbucks stole the core of her style, creating an ad that had the same shapes and colors as much of her art. While "look and feel" claims are common in Copyright suits, "style" is not protectable under copyright law. The fact that Starbucks used similar shapes and colors was not sufficient to support her claim and the suit was dismissed.