that this one media reference does not rise to a level sufficient to permit a jury to conclude that Sports Traveler Magazine’s trade dress attained secondary meaning. d. Sales Success The sales figures of Sports Traveler Magazine as of June 26, 1996 do not rise to the level to support a finding that Sports Traveler’s sales figures establish secondary meaning. As of June 26, 1996, Sports Traveler had sold only 60,340 copies of its magazines, and had procured at most 1485 subscriptions. Sports Traveler has cited no case where any court has held that secondary meaning can be established based on the minimal commercial activity of Sports Traveler Magazine. In fact, courts hold to the contrary. See, e.g., Harlequin Enters. Ltd. v. Gulf & Western Corp., 644 F.2d 946, 950 n. 1 (2d Cir.1981) (<HOLDING>); Roselux Chem. Co. v. Parsons Ammonia Co., 49
holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party holding that 20000000 harlequin presents books sold in united states in 1979 led to finding of secondary meaning holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states holding that sales of 40000000 staplers and over 500000000 boxes of staples led to finding of secondary meaning