Moo


Eighth Circuit rules that black-and-white cow spots are not functional, but can be protected as trade dress. Gateway, Inc. v. Companion Products, Inc.:

Black-and-white cow spots are an arbitrary embellishment that serve only to distinguish Gateway computers from computers produced by other manufacturers. The purely decorative nature of the design plays no part whatsoever in the performance of Gateway’s computers. Surely, no consumer believes that the presence of this design affects the operation of electronic components and peripherals associated with Gateway. Gateway’s competitors in the field of computers and their peripherals are not hindered in the least from producing comparable or superior products dressed in some other manner than black-and-white cow spots.

(via How Appealing)

Andrew Raff @andrewraff