RECENT DEVELOPMENTS IN TRADEMARK FUNCTIONALITY IN THE UNITED STATES

Keywords: trademark, functionality, United States, courts

Abstract

The United States Trademark Act makes unenforceable marks that are “functional.” However, it does not define functionality. Because the Supreme Court decisions on functionality are few in number and ambiguous in meaning, the courts have differed sharply in their approaches to functionality, and their approach is constantly changing.

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Author Biography

B.Maggs Peter, University of Illinois, Champaign, Illinois USA

P.B.Maggs – Research Professor, Juris Doctor

Published
2021-10-18