18. The trade dress of the 10/22 rifle is an arbitrary combination of elements which forms a nonfunctional design.
19. Ruger’s trade dress is the result of specific design choices made during the development of the rifle to achieve the final appearance and is not dictated by utilitarian purposes.
20. It is not necessary to make a semi-automatic .22 caliber rifle which looks like the 10/22 rifle to perform the same functions or to be successful in the marketplace.
24. The trade dress of the Ruger 10/22 rifle has acquired a substantial level of source identifying capability, i.e. secondary meaning.
25. This secondary meaning is the result of, among other things, the widespread popularity and use of the Ruger 10/22 rifle worldwide and especially throughout the United States and Canada.
26. This secondary meaning is also the by-product of Ruger’s extensive marketing and promotional efforts, along with third-party publicity.
27. The Ruger 10/22 rifle is promoted by independent third parties (e.g. Davidsons, Inc.).
28. Ruger has promoted the sale of the 10/22 rifle through extensive advertising in newspapers and magazines as well as appearances at trade shows and other events worldwide and, in particular, the United States and Canada.
29. Ruger has spent millions of dollars marketing the 10/22 rifle.