TTAB Seals Fate of Trade Dress Claims for Design Covered by Utility Patent

摘要

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., the U.S. Supreme Court struck down the plaintiff's attempt to expand the reach of its expired utility patents by claiming trade dress protection in those designs. The Supreme Court ruled that "functional" designs could never be protected trade dress.