RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 42

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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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