Doug Lipstone <dlip[_at_]worldnet.att.net> wrote:
>
> I have been trying to figure out what cause of action "mimicing"
> would be. I don't believe that it is a copyright infringement claim
> especially since they say a few of our client's goods infringe upon
> their copyright. Because it is a product line I don't believe trade
> dress is applicable. I would appreciate anybody's thoughts as to
> what "mimicing" might be.
Of course you are concerned only with US law but some Australian parallels may be of use to you:
It sounds like they are making claims that your client's product line is being 'passed off' as their product. In other words the claim would be in passing off (common law) or pursuant to legislation dealing with misleading and deceptive conduct.
If the product 'get up', packaging and marketing somehow appropriates the reputation that their competitors have aquired this may breach the misleading and deceptive conduct laws without breaching copyright or trade mark laws. Presumably the issue of deception would also be dealt with in consumer protection laws.. but not copyright!
Ph: (03) 9905 3330
fax: (03) 9905 5305
melissa.dezwart[_at_]law.monash.edu.au
Received on Tue Mar 24 1998 - 04:47:40 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:29 GMT