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+--- Thread: Factual Information Regarding The H1 Mask (/showthread.php?tid=3926)
Factual Information Regarding The H1 Mask - WarLocK - 12-23-2004
This is for many of the loopholes and questions that you may have regarding the H1 mask and replicas... Thought that some of you out there may find this very informative. It\'s a lot to read... but damn worth it.
[url=\"http://www.stormpages.com/75kirk/MyersCourt.txt\"]http://www.stormpages.com/75kirk/MyersCourt.txt[/url]
Factual Information Regarding The H1 Mask - Eddie - 12-23-2004
Potentially stupid question:
Did this trial actually take place?
Eddie
Factual Information Regarding The H1 Mask - WarLocK - 12-23-2004
Yes my friend. I believe it did... However I am not completely sure of the outcome. Any info out there would be appreciated.
Factual Information Regarding The H1 Mask - GBeninati - 12-23-2004
that\'s interesting
Factual Information Regarding The H1 Mask - WarLocK - 12-23-2004
Nevermind... it says under conclusion
"Plaintiffs do point to testimony that people within
the mask industry, including defendant, were aware that Don Post Studios made
DPTM. This evidence says nothing, however, about why consumers buy DPTM to wear
on Halloween night. Lacking any evidence demonstrating that DPTM’s features are
source-indicative rather than aesthetic, see id., the court finds that DPTM has
not acquired secondary meaning within § 43(a) of the Lanham Act.
Accordingly, plaintiffs’ trade dress claim fails
because plaintiffs have not shown that DPTM has acquired secondary meaning. For the reasons stated above, the court finds that
plaintiff’s copyright in DPTM is invalid because DPTM lacks the requisite
originality. The court also finds that defendant created its mask independent
of plaintiffs’ DPTM. Finally, plaintiffs’ trade dress infringement claim fails
because DPTM has not acquired secondary meaning"
Factual Information Regarding The H1 Mask - Tom - 12-23-2004
thanks for the link man,good readin\'
Factual Information Regarding The H1 Mask - englundisgod - 12-23-2004
can someone just sum it up for me in like point form or something
Factual Information Regarding The H1 Mask - VF31 - 12-23-2004
damn, great read!
thank man
Factual Information Regarding The H1 Mask - H8shape - 12-24-2004
Hey Warlock-
Call me this weekend bud & I can tell you all about it! Trust me, I know
the WHOLE truth about it.
-David