In article <
nhjECuwo...@fpwolff.demon.co.uk>,
Paul Wolff <
pa...@two.wolff.co.uk> wrote:
>I know of "trade dress" as a U.S. term but haven't ever got properly
>into it (and no jokes about my wardrobe please) so I don't know exactly
>by what legal mechanism it is protected in the U.S. It isn't a term used
>in English law and there's no common EU provision for protecting it. The
>different member states are free to protect it by their various unfair
>competition laws, including passing-off in the UK, or by trademark
>registration if it ticks the necessary boxes.
Well, trademark law in the U.S. is unfair competition law
(principally, at the Federal level, the Lanham Act), so that makes
sense. The courts have been pretty broad about the sorts of things
that can be interepreted as a "mark", including such things as sounds
(like the noise that Nextel two-way radios made), colors (like the
yellow border around the front cover of /National Geographic/), and
quite possibly even scents.
>Sports teams' uniforms are interesting (to me, anyway). In the case of
>the valuable professional club and international team brands, it seems
>to be the clothing manufacturers who design them and offer them to
>whoever controls the teams, and I imagine that they do some form of
>licensing deal in which the design ownership lies with the
>manufacturers.
Quite the opposite here. The physical design of the uniform (as an
article of clothing) is standardized, but the team-specific parts of
the uniform design -- the colors, applied badges and lettering,
etc. -- are jealously guarded by the teams. Historically, many
companies were licensed to make "official team apparel" for sale to
the public, but in recent years, the professional leagues (which are
organized as cartels) have chosen to collectively designate one
official supplier, to maximize the licensing revenue. Universities,
acting individually, also make exclusive licensing deals for team
apparel. In both cases, these consumer products are made to different
standards and often by different manufacturers than the uniforms worn
by the actual players. (Most significantly, since women do most of
the clothing buying in this country, many of the designs are modified
to fit women and girls. They are usually also lighter in weight.)
>those designs, but copyright and design registration are available. The
>designs change frequently, so a new set of replica kit can be sold to
>the fans, and there won't be time to establish exclusive trademark-style
>rights by virtue of use before the design changes again.
Professional sports teams in the U.S. change their uniforms extremely
rarely: perhaps one or two in a decade in each league. Usually it's
the logos that change, rather than the colors or overall design. (I
think my local baseball team, the Boston Red Sox, have made
significant uniform changes two or three times in the past century.)
Football and basketball teams are a bit more likely to fiddle with
their uniforms, but you still see many fans in the stands wearing an
older jersey design: they aren't going to buy a new one just because
the team has changed the design slightly, particularly if the favorite
player whose number they wear is no longer with the team.