[E-trademarks] looking for a trade dress case citation
Carl Oppedahl
carl at oppedahl.com
Tue Jul 2 19:05:24 UTC 2024
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Looking for any case(s) (TTAB, District Court or Appellate Court) that
held, in a trade dress case either that:
1) an element that replicates a conventional functional element
of an item is/per se/deemed functional and/or cannot be source-identifying;
OR
2) an element that only merely replicates aconventional
functional element of an item istherefore not functional and/or canbe
source-identifying.
For example, consider a computer PC keyboard that is itself
functional EXCEPT that what would be the F1 through F12 keys at the top
are actually permanent, molded, non-working, non-moveable replicas. Can
those fake F1 through F12 keys serve as the non-functional
source-identifying trade dress aspect or is that precluded because they
are a mere replica of functional items that look like, and are placed,
where one would expect the functional items to be (and, hence, can't be
source identifying)?
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