"Temporary" ANACS Slab Design???

First off, the 9th Circuit tends to be the most liberal of the courts, in its interpretation and breadth of jurisprudence. If you're suing, somehow get the case heard in the 9th Circuit. If you're being sued, try to get the case moved to the 3rd Circuit.

As for the Kodak color case, as you stated, it was trade dress. Fotomat used Kodak's color scheme, Kodak paper, Kodak chemicals, etc. The argument that an average individual would believe that Fotomat was maybe a subsidiary of or connected to Kodak doesn't seem too far out of reach. What I recall from college, trade dress requires five "similar" elements. In the case of Fotomat, that "similar" qualifier would be fulfilled by Fotomat's choice to use Kodak products.

 

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In the 1960's, when the case began, there weren't even viable alternatives to Kodak paper and chemicals for a big operation in the lab business. Even Fuji's U.S. operations were in their infancy then. They only became even semi-competitive in the mid-1970's and got serious by the 1980's. There WAS competition from lab EQUIPMENT makers who were viable against Kodak's capital equipment, but that was never an issue in the case. Fotomat wanted people to believe their processing was DONE BY Kodak, and it wasn't, nor was it even particularly good at the time. Photo processing and ESPECIALLY printing, had MASSIVE human input, and for the time period before the 1-Hour lab era, Kodak's printing and processing was noticeably superior to even the casual observer. They simply trained their printer operators better.

 

You guys are old

When I was a kid I remember the throw away cameras coming out. They were awesome. Then the underwater ones. Then digital 1mp then 2, 3, 4mp etc then phone cameras and now I think what every single day more pictures are taken then every one taken combined before the year 2000. Amazing.

I remberer buying a watch at Neiman Marcus in 1999 that took 1mp photos and thought it was the coolest thing

 

Ford made the first black cars. I think anyone that makes any black cars ever should be sued by ford. Cause, you know, they look similar.

 

I doubt that Ford made the first black cars. I have seen many cars that were made before Ford and most of them are black.

 

Correct. Ford just created the assembly line thus creating mass automobile production which provided affordable cars for the masses. A common misnomer that he actually created the automobile

 

He also didn't create the assembly line, he just applied it to automobile production.

 

Duh. I knew that. I forgot and fell for the misnomer doh. Wasn't it the Chicago beefhouses of the late 18th c.? Technically that would be disassembly though lol

 

Doh. Duh John. haha