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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