Sarah Burstein · @design_law
2642 followers · 1277 posts · Server mastodon.social

"Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that [Timberland] can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law."

TBL Licensing v. Vidal, 2022 WL 17573906, at *5 (E.D. Va. Dec. 8, 2022).

h/t @ TTABlog: thettablog.blogspot.com/2022/1

#trademarks #tradedress #litigation #functionality #limitedtimes

Last updated 2 years ago