id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3679	Brown, Christopher A.	Recent Developments in Intellectual Property Law	2004	16	.pdf	application/pdf	7592	420	60	The court also found that the incontestibility of Honeywell's registration was not a factor, even under the half-hearted argument that invalidating Honeywell's rights amounted to an unconstitutional taking of property.^^ D. Analysis The Eco case, in this commentator's view, interprets properly the Supreme Court's TrafFix and related opinions, and with TrafFix provides a clear roadmap for several of the issues faced in litigating trade dress cases. Although not apparently necessary to the holding in the case, the Court also noted, based on an analysis of a prior case for infringement of the Sarkisian patents brought by MDI against a third party, that the accused TrafFix goods would have infringed the Sarkisian patents.^' The Court's analysis began with a recognition that the Lanham Act may afford protection to distinctive product packaging or design.^^ Such trade dress enjoys the same shelter from uses by others that tend to cause confusion as to origin, sponsorship or approval of the goods as trademarks used with such products.^^ The Lanham Act explicitly places the burden on the one claiming trade dress rights to prove the assertedly protected features non-functional.^^ Indeed, the Court's Wal-Mart opinion (noted above)	cache/inlawrev-3679.pdf	txt/inlawrev-3679.txt