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<p>[QUOTE=&quot;NorthKorea, post: 2517625, member: 29643&quot;]First off, the 9th Circuit tends to be the most liberal of the courts, in its interpretation and breadth of jurisprudence. If you&#039;re suing, somehow get the case heard in the 9th Circuit. If you&#039;re being sued, try to get the case moved to the 3rd Circuit.</p><p><br /></p><p>As for the Kodak color case, as you stated, it was trade dress. Fotomat used Kodak&#039;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&#039;t seem too far out of reach. What I recall from college, trade dress requires five &quot;similar&quot; elements. In the case of Fotomat, that &quot;similar&quot; qualifier would be fulfilled by Fotomat&#039;s choice to use Kodak products.[/QUOTE]</p><p><br /></p>

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