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TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23 (2001), was a landmark United States Supreme Court decision in the field of trademark law. The case determined that a functional design could not be eligible for trademark protection, and it established a presumption that a patented design is inherently functional.
As of 2014 the federal circuit courts are split on their utilitarian functionality analysis. Most circuits, such as the Fifth Circuit [7] and the Sixth Circuit [8] follow the Supreme Court's analysis in TrafFix Devices, Inc. v. Marketing Displays, Inc., [9] which focuses on whether the feature is essential to the use or purpose of the product ...
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Trade dress can be protected as getup under the law of passing off in the UK. Passing off is a common law remedy for protecting an unregistered trade mark. [3] Getup, packaging, business strategy, marketing techniques, advertisement themes etc. can also be protected under passing off.
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act (15 U.S.C. § 1114).
Sharp NEC Display Solutions (Sharp/NEC; formerly NEC Display Solutions or NDS and NEC-Mitsubishi Electric Visual Systems or NEC-Mitsubishi or NM Visual) is a manufacturer of computer monitors and large-screen public-information displays, and has sold and marketed products under the NEC brand globally for more than twenty years.