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Nonfunctionality Trademarks

McDermott Will & Emery

Colorful Non-Functionality Argument Misses the (Design) Mark

Addressing the functionality of colors in design marks, the US Court of Appeals for the Second Circuit reversed the district court’s entry of judgment for a trademark owner on its unfair competition and trademark claims,...more

Dechert LLP

Trademarking a Sound: The First Sound Trademark granted through a Judicial Proceeding in China

Dechert LLP on

The Beijing High Court recently made a final judgement in favor of Tencent, finding that the notification beeping sound of the digital company’s instant-messaging and social network services is distinctive enough to be...more

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

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

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

MarkIt to Market® - August 2018: Nose Ahead of the Competition: Protecting Play-Doh

Since the Lanham Act was passed in 1946, trademark protection has encompassed an ever expanding list of attributes that can be perceived as denoting the source of a product or service. Recently issued registrations cover...more

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