The Thompson Sub-machine gun is popularly known as the Tommy Gun (and also known as The Chicago Typewriter). Plaintiff owns rights to the word mark TOMMY GUN for firearms and ancillary merchandise. It also claims common law rights in the trade dress of a Tommy gun. It may or may not trace its ownership back to the original manufacturer of the Thompson guns.
Defendant, Alphonse Capone Enterprises (admit it, cool name) sells Tommy Gun Vodka, in a bottle in the shape of a Tommy Gun.
A nice twist on the expired ‘shape’ rights being revived as trade dress fact pattern.