In determining the
copyrightability of prom dress designs, the Southern District of New York
recently noted that:
The exception for separable
elements of useful articles has proven difficult to apply, and courts
"have twisted themselves into knots trying to create a test to effectively
Active Sports Lifestyle USA, a manufacturer of active wear
for extreme athletes/riders, recently filed a trademark infringement action
against Old Navy. Old Navy is accused of infringing the "Active" trademark, which
includes Active's triangle design.
According to the complaint...