2007

Why are there not more decisions regarding the trade dress of a web page? Is it because copyright preempts most such claims? Magazine covers have been awarded trade dress protection,Time Inc. v. Globe Communications Corp., 712 F.Supp. 1103 (S.D.N.Y. 1989), why not web pages? (I’ve been puzzling about the trade dress of magazine

Facts: Masquelier invents a process for deriving a natural extract, and sells it in France under the PYCNOGENOL name. Horphag sells the product in the US under contract with Masquelier. They have a falling out and Horphag obtains the US registration in his own name. Garcia, a new distributor for Masquelier, begins selling a competing

Kahle v. Gonzalez, 9th Cir January 22, 2007:
“Each Plaintiff provides, or intends to provide, access to works that allegedly
have little or no commercial value but remain under copyright
protection. The difficulty and expense of obtaining permission
to place those works on the Internet is overwhelming; owner-
ship of these “orphan” works is