Can trade dress be functional?

In general terms, trade dress is functional, and cannot serve as a trademark, if a feature of that trade dress is "essential to the use or purpose of the article or if it affects the cost or quality of the article." TrafFix Devices, Inc. v. Mktg.

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13.1.2.2.6 Validity - Trade Dress - Non-Functionality Requirement .

13.1.2.2.6 Validity - Trade Dress - Non-Functionality Requirement .

Name: 13.1.2.2.6 Validity - Trade Dress - Non-Functionality Requirement .
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Federal - Jury Instructions - 7th Circuit - Civil

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Multi-State

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US-JURY-7THCIR-13-1-2-2-6

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 13.1.2.2.6 Validity — TradDoeses— - Non-Functionality Requirement is a legal standard that requires a product’s trade dress to be non-functional. Trade dress refers to the physical appearance of a product and includes features such as size, shape, color, graphics, and texture. The purpose of this requirement is to ensure that a product’s trade dress does not serve a utilitarian purpose and is protected as a trademark. This includes features that are not essential to the use or purpose of a product, and would give a competitor an unfair advantage if it were to imitate the product’s design. There are two types of trade dress non-functionality requirements: the traditional functionality test and the aesthetic functionality test. The traditional functionality test looks at whether a product’s trade dress is essential to the use of the product, while the aesthetic functionality test looks at whether a product’s trade dress gives it a competitive advantage.

13.1.2.2.6 Validity — TradDoeses— - Non-Functionality Requirement is a legal standard that requires a product’s trade dress to be non-functional. Trade dress refers to the physical appearance of a product and includes features such as size, shape, color, graphics, and texture. The purpose of this requirement is to ensure that a product’s trade dress does not serve a utilitarian purpose and is protected as a trademark. This includes features that are not essential to the use or purpose of a product, and would give a competitor an unfair advantage if it were to imitate the product’s design. There are two types of trade dress non-functionality requirements: the traditional functionality test and the aesthetic functionality test. The traditional functionality test looks at whether a product’s trade dress is essential to the use of the product, while the aesthetic functionality test looks at whether a product’s trade dress gives it a competitive advantage.

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Trade dress is a trademark law that protects the look and feel of a product and distinguishes it from other similar products. This can include but is not limited to, identifying features such as shape, color, and design of a product or a product's packaging.

Trademarks are protected by the Lanham Act, which prevents unfair competition among brands. To prove infringement against trade dress, the plaintiff must prove inherent distinctiveness or secondary meaning of the trade dress; nonfunctionality of the trade dress; and likelihood of confusion among consumers.

Trade dress must be both distinctive and non-functional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.

Trade dress is a type of a trademark. Therefore, it follows that if trade dress is not registered, it is still protectable under the Lanham Act, as long as the trade dress owner can show distinctiveness and that it is nonfunctional.

Unlike patents, which have an expiration date, trade dress rights can last indefinitely, as long as the owner actively uses the trade dress.

In general terms, trade dress is functional, and cannot serve as a trademark, if a feature of that trade dress is "essential to the use or purpose of the article or if it affects the cost or quality of the article." TrafFix Devices, Inc. v. Mktg.

What is an Uber trade dress, and how do I get one? Depending on your location, you may learn that local regulations require drivers to display trade dress. This is just a formal name for the decal/sticker with the Uber logo that's usually displayed on the front or rear windshield of your car.

Federal trade dress registrations last for 10 years and can be renewed for another 10 years upon expiring. Companies can also register their trade dress on a state level. The average cost of a trade dress registration is $673.

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For a product's design to be protected under trademark law, the design must be non-functional. A product design may be protected through either or both trade dress and design patent law.Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Functionality. To gain registration in the Principal Register or common law protection under the Lanham Act, a trade dress must not be "functional".

13.1.2.2.6 Validity - Trade Dress - Non-Functionality Requirement .

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