Saturday, November 21, 2009

Packaging Story Show & Tell: Crayons

How's this for a packaging story? Nothing like some good old fashioned drama.


In B&S, Plaintiff Binney & Smith (B&S) alleged

that Rose Art sought to capitalize on the fame

and recognition of the green and yellow design

used on “Crayola” crayons and markers (the

“Crayola trade dress”) by introducing a line of

children’s markers in packaging incorporating a

similar green and yellow design. In finding that

Rose Art’s use of a similar green and yellow

packaging diluted B&S’ Crayola trade dress, the

court first noted that the Crayola trade dress was

exactly the type of “famous” mark that the FTDA

was designed to protect. The court relied upon

surveys showing that the Crayola trade dress had

acquired national and international recognition

with consumers of children’s products, as well

as other evidence, such as the inclusion of the

Crayola packaging in the Smithsonian

Institution’s permanent collection and its recent use

on a U.S. commemorative stamp.

From www.arnoldporter.com/resources/documents/Consumer_spring_2002.pdf


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