Definition of Confusingly Similar BOUNTY Trade Dress
From the Consent Judgment and Permanent Injunction in P & G v. McLane Company, 3:05 CV 0427 (WHR) (SD Ohio Feb 23 2006):
" . . . Packaging shall be deemed substantially similar . . . if it includes the element described in paragraph 'a' or an oval graphic in combination with any three or more of the elements listed in paragraphs 'b' through 'g.' Nothing herein should be construed to mean that Defendants' use of fewer than the foregoing elements is authorized or approved by P & G or the Court . . .
a - The cornucopia graphic, in equity colors of green, organge, yellow and blue, which is centered on the package - specifically, the use of an identical oval shape using gradients of yellow and magenta to create an orange center, surrounded by a wide green 'swoosh' and a blue accent;
b - The overall impression of the equity color being green;
c - The use of gradient colors;
d - The use of bold, black block lettering to display the brand name within the cornucopia graphic, with an initial capital letter;
e - The upward slope of the brand name, from left to right;
f - The use of a bowtie graphic centered to the lower half of the packaging; or
g - The repeated use of the cornucopia graphic and bowtie graphic on the back of the package.