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Monday, October 22, 2018 1:45:56 PM
The judge throws out the new study because it wasn't peer reviewed. The judge finds the addition of chrome to add increased strength. The color pink is relevant in design. If it where irrelevant it could be considered part of trade dress.
Now we got this:
https://www.ceramtec.com/_img/content/kompetenz.endoprothetik.animation.tab3.1.jpg
and this:
https://www.sec.gov/Archives/edgar/data/1269026/000119312514052128/g593074ifc.jpg
eerily similar.
https://usermanual.wiki/Pdf/BioloxShoulderBroch12SEn.1783690561.pdf
Here's some previous evidence of the use of "Material makes the difference" note its not "material matters"
Going through that PDF.
Laboratory studies had already suggested that ceramics could be superior with regard to delivering the lowest possible infection rates.
resist the onset of cracking and to arrest the propagation
of cracks.
Can both companies continue to make factual claims along these same lines? can both companies use their logo along with "material matters" without either company protecting the verbage.
Here's where it gets sketchy. Trade dress laws. Taco Cabana successfully sued two pesos.
https://en.wikipedia.org/wiki/Two_Pesos,_Inc._v._Taco_Cabana,_Inc.
Justice White noted that trade dresses, "even if not registered, remain inherently capable of distinguishing the goods of the users of these marks."
So this is an example of trade dress not being registered and the winner being whoever is able to prove prior art.
So who is "copping a feel" so to speak on this trade dress?
Hope you enjoyed it as much as we did and got a deeper look into the world of advanced ceramics and found out that material indeed does matters.
https://bioloxgoesmobile.com/
Well that's an interesting typo from my perspective.
Does prior art originate with Boston? Or Amedica? Boston seems to be not applicable as he has no trade dress. Seriously doubt it's biolox prior art, since there's evidence they where using "material makes the difference"
Is open air taco stands as trade dress a frivolous use of the courts time? Can we all continue without trolling each other over the color pink? Go to Mexico and there's taco street. Hundreds of individual corporate entities operating under similar trade dress along side one another of taco carts. Same thing with Taco trucks. Is it just a matter of lawyering up on trade dress to build a taco truck monopoly or would I have to show evidence I invented a concept through prior art?
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