Re: Claim of Mimicing of Product Line

On Mar 23, 1998, Melissa de Zwart <melissa.dezwart[_at_]law.monash.edu.au> wrote:
>
> 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!

There is a claim for this under Italian law. I believe it is called parasitic copying?

Scott G. Warner

Garvey, Schubert & Barer
1191 Second Ave.
18th Floor
Seattle, WA. 98101-2939
Tel: 206-464-3939
Fax: 206-464-0125

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