Reply to Chrissy Teigen still unreformed; cyberbullying and stealing ideas

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Reply to "Chrissy Teigen still unreformed; cyberbullying and stealing ideas"

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[quote=Anonymous][quote=Anonymous]The style looks similar with white background, but you can't trademark that. The lady will lose if she tries to take CT to court. [/quote]

You actually can trademark packaging if it is distinct enough. It’s called trade dress. Many registered trademarks cover packaging and a uniquely shaped box with distinctively styled photography could be covered. If you read the allegations, one of the Caker’s complaints is that her packaging also includes a “story of the brand” in a specific place snd she feels Teigen has copied that, as well as something distinctive about the directions (I’m less clear on that). Also, did someone note that both packages include a spatula? That’s an unusual element that could potentially contribute to a claim.

I was originally skeptical but looking at the details, I actually do think there might be an argument here. I think one of the biggest factors is that Teigen did the collaboration with the Caker before launching her product, so it would be impossible to argue that Teigen was unaware of the Caker or that similarities are coincidental. Teigen had intimate familiarity with the product. It does look like she may have intentionally copied the packaging.[/quote]

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