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Accounting for Trade Dress
Oleh:
Smith, James K.
;
Prosser, Elise K.
Jenis:
Article from Bulletin/Magazine
Dalam koleksi:
Journal of Accountancy vol. 194 no. 5 (Nov. 2002)
,
page 61-70.
Topik:
ACCOUNTING
;
accouting
;
trade dress
Ketersediaan
Perpustakaan Pusat (Semanggi)
Nomor Panggil:
JJ85.15
Non-tandon:
1 (dapat dipinjam: 0)
Tandon:
tidak ada
Lihat Detail Induk
Isi artikel
As a result of rule changes by the Financial Accounting Standards Board, "trade dress” has become an important concept for CPA s to understand. Statement no. 141, Business Combinations, requires companies entering into such combinations after June 30, 2001, to separately value the acquired company’s significant intangible assets. Statement no. 142, Goodwill and Other Intangible Assets, requires companies to value these assets at least annually. One asset companies must value under these rules is trade dress, which refers to a company’s unique packaging or the design presentation of its product. Competitors are not allowed to imitate another company’s trade dress in a manner that confuses consumers. The value of a company’s trade dress - such as the red - and - white label of a Campbell’s soup can - is subjective and largely influenced by how broadly or narrowly the statutes and court decisions define trade dress protection. The Lanham Act of 1946 established the applicable federal law, but the courts’ interpretation often has more influence on what trade dress law protects. Several recent U. S. Supreme Court decisions are the culmination of 22 years of change in this area, with trade dress rules first becoming significantly more liberal, then more conservative over the last seven years. Each expansion or contraction of these rules has important implications for the value of a company’s trade dress and may lead to financial statement losses under Statement no. 142. CPA s need to keep abreast of legal developments in this area to accurately value trade dress for purposes of Statement nos. 141 and 142. In addition, familiarity with these rules will allow accountants to help a company document the creation and maintenance of its trade dress. Recent court decisions indicate this type of documentation is necessary before certain types of trade dress are entitled to protection.
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