Rock and Roll Case, ? (?) p.?supp
SUBJECT
Acquisition of trademark rights
ISSUE
Whether a building can be a trademark.
Whether a photograph of a trademarked building is a trademark infringement.
RULE
Have to have consistent and repetative use in order to be a trademark.
HOLDING
The Rock and Roll Hall of Fame building can be a trademark.
RATIONAL
For a building to be a trademark it must be identifiable with products or services.
In this case the trade dress is the entire building. D's picture is only looking at one view of the building, therefore the picture is not infringement.
NOTES
DISSENT: This is the same situation as a Coke bottle. You cannot put a picture of a Coke
Created on: Thursday, January 20, 2000 at 18:30:39 (PST)