CASE PROBLEM WITH SAMPLE ANSWER Gateway, Inc., sells computers, computer prod ucts, computer peripherals, and computer accessories throughout the world.By 1988,Gateway had begun its first national advertising campaign using black and-white cows and black-and-white cow spots.By 1991, black-and-white cows and spots had become Gateway’s symbol. The next year, Gateway registered a black-and white cow-spots design in association with computers and computer peripherals as its trademark. Companion Products,Inc.(CPI),sells stuffed animals trademarked as

“Stretch Pets.”Stretch Pets have an animal’s head and an elastic body that can wrap around the edges of com puter monitors, computer cases, or televisions. CPI pro duces sixteen Stretch Pets, including a polar bear, a moose, several dogs, and a penguin. One of CPI’s top selling products is a black-and-white cow that CPI identi fies as “Cody Cow,”which was first sold in 1999.Gateway filed a suit in a federal district court against CPI,alleging trade dress infringement and related claims.What is trade dress? What is the major factor in cases involving trade dress infringement? Does that factor exist in this case? Explain.[Gateway,Inc.v.Companion Products,Inc., 384 F.3d 503 (8th Cir.2004)]

• To view a sample answer for Problem 8–4, go to this book’s Web site at www.cengage.

com/blaw/jentz, select “Chapter 8,” and click on “Case Problem with Sample Answer.”