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Intellectual Property Litigation › Functionality › Trade Dress

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

International Lawyers Network on

In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

Knobbe Martens

Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

Knobbe Martens on

CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more

Hogan Lovells

9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs

Hogan Lovells on

The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more

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