Aesthetic Functionality

News & Analysis as of

Crimes of the Heart: A Trademark Valentine To Betty Boop

Betty Boop, the cartoon character created by Max Fleischer in 1930, has always been associated with the trappings of Valentine’s Day. She is frequently depicted on merchandise alongside symbols of love, especially the heart...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013)

In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013): Trademark Functionality in...

Diageo, the world’s largest producer of spirits, has recently found itself in several significant trademark disputes regarding a number of the company’s spirit lines. In a case decided in May 2012 Maker’s Mark brought suit...more

Trademark Review - Volume 3 | Issue 7 July 2013

In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more

The Architecture of Copyright

This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled...more

Business Litigation Report -- January 2013

In This Issue: Shifting the Growing Costs of E-Discovery; Quinn Emanuel Continues the Expansion of International Arbitration Practice with the Addition of Stephen Jagusch; Aesthetic Functionality and the Use of “Color...more

Aesthetic Functionality and the Use of “Color Marks” in the Fashion Industry

For more than a century, courts have grappled with whether to extend the protections of trademark laws to colors. In 1995, however, the Supreme Court recognized that both the “language . . . and the basic underlying...more

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