LAW 3220 Chapter Notes - Chapter 9: Outer Banks, Trade Dress, Trade Secret
Document Summary
Chapter 9: this case seems to have some muddy waters because no agreements were made and the information was not stolen but was based on memory. They could claim that beacon is known to them as well as the lighthouse symbol and them both being insurance firms, customers could easily be confused and this would be damaging to their company. From this they could also claim goodwill and company reputation in damages: nbc would win because copyright only protects expression of ideas not the ideas themselves, so milano would have no case. Her idea was not pursed and this is a common idea that could have easily come to nbc without her: qualitex does have a good claim because color can be a distinguishing feature of a brand.
