- 43 - advertising execution expenditures account for at least some of the value of the typical trade dress. Since advertising execution expenditures are ordinary business expenses, we conclude that the long-term benefit associated with trade dress is a benefit traditionally associated with ordinary business advertising. It therefore cannot serve as a basis to require the capitalization of the litigated expenses. In connection with his discussion of trade dress, respondent refers to the copyright and trademark protection available to the various elements making up trade dress. The parties have stipulated, however, that Reynolds placed notices of copyright on its advertising executions, and exhibits in evidence establish that other companies did the same. Thus, we conclude that copyright protection afforded to copyrightable advertising materials is a traditional benefit associated with ordinary business advertising, and, for that reason, it cannot serve as the basis for requiring the capitalization of the litigated expenses. With respect to trademark protection, the parties have stipulated that none of the litigated expenses were incurred in connection with the purchase, creation, acquisition, protection, expansion, registration, or defense of a trademark or trade name. As to the economic interests of Reynolds benefited by the litigated expenses, petitioner agrees with respondent’s expert,Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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