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Functionality Patent Litigation Trade Dress

Knobbe Martens

Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

Knobbe Martens on

CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Functionality Doctrine in CeramTec v. CoorsTek

In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek. ...more

McDermott Will & Emery

Burdens Can’t Be Avoided No Matter How They’re Dressed Up

Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more

Vedder Price

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

Vedder Price on

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more

McDonnell Boehnen Hulbert & Berghoff LLP

Comparison of Design Patent and Trade Dress Protection in Light of the Federal Circuit’s Decision in Apple v. Samsung

In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more

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