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Trademark Registration › Functionality › Trade Dress

Bond Schoeneck & King PLLC

Trade Dress Registration – Practical Considerations for Product Manufacturers

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Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and...more

Vorys, Sater, Seymour and Pease LLP

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

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

McDermott Will & Schulte

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

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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

Fox Rothschild LLP

TTAB Cancels Registration For Gun Barrel Trade Dress On Grounds Of Functionality

Fox Rothschild LLP on

On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under...more

McDermott Will & Schulte

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

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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

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

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Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

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