A successful trade dress infringement lawsuit requires that a company have a distinctive trade dress and that the similarity between the trade dress was likely to confuse consumers. Even though AE's catalogue may have been very similar to A&F's, both companies used their trademark and symbols throughout their catalogues, which sold different types of clothing in totally different manners (A&F used sexuality to market its clothing, while AE used the image of family). The difference in clothing type, marketing angle, and the liberal use of marks and symbols meant that there was no risk of consumer confusion; therefore A&F was not entitled to protection under the Lanham Act.
Chapter 11
2. The New York Times discovered that 24 employees were sending inappropriate and offensive e-mails, which violated its corporate policy....
A company owns its computers, the software on them, and the products created using those computers and software, which includes all e-mails, sent or received employees from work computers. Employees do not have a right to privacy in material sent via work e-mail. Furthermore, sexual harassment does not require personal interactions, but exists when a hostile environment is created. Material intended as a joke can create a hostile environment if people who could reasonably be expected to hear or see the joke find them offensive. Due to the ease with which e-mail is circulated, there is a high likelihood that at least one recipient found the e-mails offensive, and that the sending employees are offensive of sexual
