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One of the cornerstones of trade dress law is the functionality doctrine: A company can never claim trade dress protection for a product's functional or utilitarian features; allowing that protection would give inventors a perpetual monopoly over those features, defeating the federal patent scheme. But just as courts cannot ignore the doctrine, neither can they overindulge in applying it, lest functionality swallow up even those cases where a company is rightfully entitled to trade dress protection. This is
July 28, 2003 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
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