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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 and
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