News & Analysis as of

Trademark Infringement Functionality

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

Mayer Brown on

In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

McDermott Will & Schulte

Watermelon Sugar: Candy Shape and Color Deemed Functional

The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of watermelon candy, finding that the combined colors and shape of the candy are...more

Stark & Stark

The Fight for Red: Fashion Statement or Protected Trademark?

Stark & Stark on

Louboutin v. YSL - Christian Louboutin (“Louboutin”), the designer of the famous red bottom shoes, filed a trademark infringement lawsuit against fashion house Yves Saint Laurent (YSL) claiming YSL infringed on its red...more

McDermott Will & Schulte

Functionality Dooms Alleged Trade Dress Protection

McDermott Will & Schulte on

The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district...more

McDermott Will & Schulte

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

McDermott Will & Schulte

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

McDermott Will & Schulte on

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

Snell & Wilmer

Considerations When Using Descriptive or Generic Trademark Terms

Snell & Wilmer on

I. Adding Distinctive Terms or Logos to a Descriptive or Generic Term Will Not Protect the Descriptive or Generic Term. A descriptive trademark1 is one that immediately brings to mind a use, purpose, function,...more

Genova Burns LLC

Bakery's Apple Pie Design is Functional and Inelgible for Trademark Protection, Third Circuit Affirms

Genova Burns LLC on

The Third Circuit Court of Appeals affirmed a district court’s determination that the key element of a gourmet bakery’s registered pastry design was functional, and therefore ineligible for trademark protection, in Sweet...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Single Color Mark — Functionality Does Not Necessarily Preclude Protectability

The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more

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