Monday, April 09, 2018

Recent acquisitions: really bad court decisions edition

Tarkay and Patricia Govezensky posters, from Romm Art Creations v. Simcha Int'l, Inc., 786 F.Supp. 1126 (E.D.N.Y. 1992), an absolutely terrible decision finding that the "Women and Cafes" style was inherently distinctive and thus had secondary meaning and high strength because they were artistic and imaginative (sigh); they were also therefore presumptively nonfunctional.  Defendant was enjoined.  If you ever wonder why Wal-Mart rejected so much of Taco Cabana, this case is a good reminder.
P.S. I ended up with a few extra Patricia posters, if anyone wants one for their own display purposes.

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