Nickelodeon’s ‘Visual System’ Unprotectable, But ‘Splat’ Trademark May Be Infringed

A “visual system” of colors and designs used in Nickelodeon programming and on its websites is not a protectable trade dress because it serves the function of pleasing and attracting its audience of children, the U.S. District Court for the Southern District of California held August 13 (Jumpitz Corp. v. Viacom International Inc.).

Also ruling that the Nickelodeon visual system trade dress had not acquired secondary meaning, the court granted summary judgment to a children’s entertainment company accused of infringing the trade dress with its own website promotions. However, the court declined to grant a summary judgment on ...