1 Gilson on Trademarks § 2.11


Summary

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,1See § 2.11[8][d] infra for more on this and other examples of trade dress. the Peabody Hotel daily March of the Ducks,2See § 2.11[7] infra for more on this and other motion marks. Manhattan Oil’s cherry fragrance additive to race car fuel,3See § 2.11[4] infra for more on this and other scent marks. goats on a roof,3.1See § 2.11[8][e] for more on this and other décor marks. and even the sound of tourists quacking while riding on amphibious vehicles.4See § 2.11[3] for more on this and other sound marks. See § 2.11[8][d] infra for more on this and ...