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September 13, 2004

Tony Who?

In Unfair Competition today we began our discussion of trademark with the fountainhead industry of trademark disputes, breakfast cereal.

Professor Unfair Competition: What about frosted flakes? Sugar coated corn flakes. Anyone can call their cereal frosted flakes because it's such a generic, descriptive term, right?

Young 3L two rows in front of me: But maybe 'frosted flakes' has acquired a secondary meaning. Doesn't everyone think of Kellogg's Frosted Flakes. They have that, that creature on the box.

Prof UC: You're referring, of course, to Tony the Creature.

Class erupts in laughter.

Posted by Half-Cocked at September 13, 2004 08:46 PM