Most mesungulatids are generally large animals, making them inherently distinctive from other groups.
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K-J argued its bottle design was inherently distinctive.
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"The Supreme Court has said that inherently distinctive elements are protectable, " said Landsman, the lawyer.
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In today's ruling, Justice Antonin Scalia wrote, " It seems to us that design, like color, is not inherently distinctive ."
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Writing for the court Wednesday, Justice Antonin Scalia said, " It seems to us that design, like color, is not inherently distinctive ."
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However, product design, that is the design or shape of the product itself, may not be inherently distinctive, and must acquire secondary meaning to be protected.
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In this circumstance, trademark law says that the word ( e . g ., " Trim " ), although not inherently distinctive, has developed " secondary meaning ."
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Although the law is evolving, as it stands now, product packaging ( including packaging in very general terms, such as a building s d�cor ) may be inherently distinctive.
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:: Or " the " inherently distinctive " marks associated with Warrior ", as an Arizona court put it in 1998 ( my emphasis ), while deciding who owned the gimmick ( he did ).
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In response to the Florida lawsuit, the " Enquirer's " parent company has argued that " TG-2000 " is not inherently distinctive but is a generic name for a " thermogenic, herbal weight-loss product ."
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