functionality

functionality. Trademarks. The quality of having a shape, configuration, design, or color that is so superior to available alternatives that giving the first user exclusive trademark rights would hinder competition. [Cases: Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 49–50.]

aesthetic functionality. A doctrine that denies protection to the design of a product or its container when the design is necessary to enable the product to function as intended.


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