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United States Patent and Trademark Office › Functionality

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

McDermott Will & Emery

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

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

MarkIt to Market® - May 2023

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

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more

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

MarkIt to Market® - May 2023: TACO TUESDAY – Generic Term, Failure to Function, or BOTH

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

Taco Bell’s recent efforts to liberate the phrase “Taco Tuesday” presents an opportunity to review the distinctions between marks that are generic and those that fail to function as a trademark....more

Buckingham, Doolittle & Burroughs, LLC

If a Good is not a Good, then a Trademark is not a Trademark

Buckingham, Doolittle & Burroughs, LLC on

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

Womble Bond Dickinson

Patent for the Squatty Potty

Womble Bond Dickinson on

The Squatty Potty is a special stool that a user places in front of the toilet when it's 'time for business'. The user places her feet on the stool to elevate her knees, thereby helping the user assume a squat position when...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Tips for Reviewing (or Drafting) Patent Claims

Rothwell, Figg, Ernst & Manbeck, P.C. on

For emerging companies, a patent application should combine legal skill with technical and business knowledge to produce a document that will serve as a foundation to the company’s valuation and future profitability....more

Manatt, Phelps & Phillips, LLP

Functional Chicken Feeder Design Held Not Eligible for Trade Dress Protection

Manatt, Phelps & Phillips, LLP on

In CTB Inc. v. Hog Slat, Inc., the U.S. Court of Appeals, Fourth Circuit, found that a chicken feeder design was not eligible for trade dress protection because it improved the way the feeders worked. It was therefore...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

Knobbe Martens on

Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

Fenwick & West LLP

Federal Circuit Denies SHzoom's Bid to Make Trading Technologies Decision Precedential, But the Case is Still Good Law

Fenwick & West LLP on

On Wednesday, the Federal Circuit, in a per curiam order, denied SHzoom's motion to make the Trading Technologies opinion precedential. The order of course gave no reasons for the decision. Nonetheless, the underlying...more

Farella Braun + Martel LLP

Williamson Decision Will Encourage Patent Defendants to Challenge Software Claims

Farella Braun + Martel LLP on

In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements...more

McDonnell Boehnen Hulbert & Berghoff LLP

Functional Claim Language – “Adapted To” and “Configured To” – Having Narrow Interpretations

McDonnell Boehnen Hulbert & Berghoff LLP on

Patent claim drafting is a challenging exercise that requires balancing potential infringement of the claim against the prior art. A patent practitioner may easily draft a claim of very narrow scope, but if such claim has a...more

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