Tag Archives: Functionality

SDNY Asked To Explore Functionality of Sex Toys In Trade Dress Case

Plaintiff has sold the b-Vibe Rimming Plug device since the summer of 2017. It alleges that its plug, the remote control, the charger and the case are all “uniquely designed” and it claims trade dress therein (See exhibit A below). … Continue reading

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Fair use/aesthetic functionality save the Green Day

Seltzer v. Green Day, Inc., No. CV 10-2103 (C.D. Cal. Aug. 18, 2011) Seltzer, an artist, sued the band Green Day and related defendants for infringing his rights in Scream Icon, a drawing of a "dramatic image of a human … Continue reading

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No Trademark Protection For Quilted Design of Toilet Paper: Functionality v Incidental Design

Georgia Pacific embossed a quilted pattern on its QUILTED NORTHERN toilet tissue. It held registered trademarks, utility patents and design patents covering or related to the quilted design. Defendant Kimberly Clark allegedly infringed. Defendant argued that GP's registration for its … Continue reading

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