RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 43

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          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,             





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