1 Gilson on Trademarks § 2.11


  • [1] Introduction

    You can see, smell, taste, touch and hear them. You can even feed your dog with them, sit on them, sleep in them, clean your pool with them and, if hunger strikes, eat them. What do they have in common? They are all nontraditional trademarks, often skirting the outer limits of trademark protection and, in some cases, evoking head scratching, eye rolling or chuckling. For examples of this legal genre, take the design and layout of the Apple store,1Link to the text of the note the Peabody Hotel daily March of the Ducks,2Link to the text of the note Manhattan Oil’s cherry fragrance additive to race car fuel,3Link to the text of the note goats on a roof,3.1Link to the text of the note and even the sound of tourists quacking while riding on amphibious vehicles.4Link to the text of the note

    Most trademarks are readily ...