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)