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Aesthetic Functionality Trade Dress

Snell & Wilmer

Trade Dress: What It Is and How to Protect It

Snell & Wilmer on

I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more

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

Aesthetic Functionality – Design Patents in the Clear (For Now)

The aesthetic-functionality doctrine is a concept in trademark law that can preclude trademark protection for elements of trade dress deemed to be aesthetically pleasing; the doctrine can come into play when a trade dress...more

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