Want Exact Up-Sized Replicas Of Goodnites, Pull-Ups, Underjams, Etc.

[Floaty_Boy]

Can you give me a source regarding trademarking product cuts?

As for colors, my understanding is that you can only trademark colors when that color serves to identify a specific brand, and when that color is unrelated to the "functionality" of an item. Take this case, for example, where Louboutin attempted to sue another shoe manufacturer that used a distinctive sole color in the same way as his widely recognized shoes. Here's what the article says about it:

Well, the big thing of course is that (at least in the USA, I can't talk about other countries cuz I just don't know) a case can be brought pretty much for just about anything. I'm sure a large corporation with a cadre of lawyers would have no problem going before a judge and arguing that this particular color or other "identifies" their product. As for cut, I do know that the "shape" of a particular product can be trademarked (think the classic Coke bottle shape), so again, I could easily see that aforementioned lawyer squad claiming that a diaper's cut is a trademarkable shape.

The big thing to remember is that judgements on IP law can be HIGHLY subjective (as can all law -- I'm remembering a case in Philadelphia where a junkie stabbed a college professor something like 47 times with a screwdriver and the judge called it "accidental"). It's sometimes not a question of right or wrong, but of who can persuade the best. And the cynical part of me adds "and who can pay the best".

--Floaty

[messyman]

The new Depends pull ups have the same sides as goodnites. Maybe the will come out of with an overnight version down the road.