Trade Dress Functionality: A Doctrine in Need of Clarification
Johnson, Brett Ira
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- 2017Arlington Specialties, Inc. v. Urban Aid, Inc. 7th Cir.
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Abstract
This article proposes, as discussed below, that functionality should generally be broadly interpreted to exclude some trade dress protection, the law of functionality should be clearly articulated to provide notice and consistency in its application, and a single articulation of trade dress should be adopted that can apply to all forms of trade dress.