- 42 - colors and designs, or advertising materials or techniques” (internal quotation marks omitted; emphasis added.)). Petitioner argues that, in Philip Morris, Inc. v. Star Tobacco Corp., supra, the image and overall appearance of the Marlboro brand that Philip Morris sought to protect by its trade dress infringement action was, in substantial part, its advertising executions: The trade dress Philip Morris seeks to protect consists of specific manifestations of a Western motif: the picture of a cowboy on a cigarette pack; figures of cowboys who have come over time to be known as the “Marlboro Man”; and those evocative stretches of the Western landscape, not to be found on any map or ordinance survey, called “Marlboro Country.” * * * Id. at 385. Petitioner points out that the parties have stipulated that, with respect to Philip Morris’ “Come to Marlboro Country” campaign: “The campaign is characterized by a masculine cowboy image in a rugged western setting. The individual executions show the cowboy in various settings -- roping a steer, riding a horse into the sunset, etc.” Petitioner further cites other trade dress cases holding that a variety of other marketing materials and techniques are subject to trade dress protection. See Computer Care v. Serv. Sys. Enters., Inc., 982 F.2d 1063, 1065-1071 (7th Cir. 1992); Original Appalachian Artworks, Inc. v. Toy Loft, Inc., 684 F.2d 821, 831 (11th Cir. 1982); Chuck Blore & Don Richman, Inc. v. 20/20 Adver., Inc., 674 F. Supp. 671, 680- 681 (D. Minn. 1987). We agree with petitioner’s analysis and conclude that both advertising campaign expenditures andPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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