Trademark Litigation: Functionality | Practical Law

Trademark Litigation: Functionality | Practical Law

A Practice Note on utilitarian and aesthetic functionality challenges to claims of trade dress or trademark rights. Topics discussed include the rationales and policies behind the functionality doctrine, the factors courts consider when assessing functionality, relevant considerations when applying those factors, and the procedure for proving and disproving functionality in federal litigation and Trademark Trial and Appeal Board proceedings.

Trademark Litigation: Functionality

Practical Law Practice Note w-008-9485 (Approx. 26 pages)

Trademark Litigation: Functionality

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note on utilitarian and aesthetic functionality challenges to claims of trade dress or trademark rights. Topics discussed include the rationales and policies behind the functionality doctrine, the factors courts consider when assessing functionality, relevant considerations when applying those factors, and the procedure for proving and disproving functionality in federal litigation and Trademark Trial and Appeal Board proceedings.