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Appeals › Trademark Trial and Appeal Board › Functionality

Proskauer - The Patent Playbook

Value and Risk of Overlapping Intellectual Property Protections

Proskauer - The Patent Playbook on

A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

McDermott Will & Schulte

Pink Is Not the New Black: See Functionality Doctrine

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial & Appeal Board decision canceling trademarks for the color pink for ceramic hip components, stating that substantial evidence supported the Board’s...more

McDermott Will & Schulte

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

McDermott Will & Schulte on

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

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