Guiding Rights Blog :: Eighth Circuit: Gateway's Cowhide Theme Not Functional

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Eighth Circuit: Gateway's Cowhide Theme Not Functional

by Mark VB Partridge on Tue 12 Oct 2004 04:33 PM EST | Permanent Link

Stretch Pets from Companion Products are stuffed animal accessories for computers. One of the Pets was a black and white cow named Cody. Gateway Inc. sued for infringement based on its Cowhide trade dress and marketing theme.

Companion Products argued that the Cowhide trade dress was legally functional because protection would hinder its ability to compete in the market catering to cow memorabilia fans.

The Eighth Circuit held that the Cowhide trade dress was arbitrary and nonfunctional and affirmed the lower court's finding of trade dress infringement. Gateway Inc. v. Companion Products Inc., No. 03-3410 (8th Cir. 2004).

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