• Recent Cases Show That Utilitarian Functionality Is A Serious - And Common - Impediment To Trade Dress Protection
  • June 22, 2012 | Author: Janet A. Marvel
  • Law Firm: Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - Chicago Office
  • A product shape or package must be non-functional to qualify for trade dress protection. Yet a spate of recent cases reveals many plaintiffs who try to expand or lengthen patent protection by alleging that their product features designate source. Below is a description of recent trade dress protection attempts along with a short refresher on the reasons for the functionality doctrine and how to deal with it.