Deborah Wilcox Reviews TTAB Decision to Reverse Motion Mark Refusal

Articles / September 1, 2016

Partner Deborah Wilcox reports on the ruling of the Trademark Trial and Appeal Board (TTAB) to affirm the refusal of a motion mark application in In re Loggerhead Tools, LLC, which involved the design of a hand tool. Wilcox writes that the TTAB reviewed four separate factors in determining the functionality of the proposed mark, and concluded that “[t]he Lanham Act … does not protect trade dress in a functional design simply because an investment has been made to encourage the public to associate a particular functional feature with a single manufacturer or seller.”

The article “Motion Mark Refusal Affirmed Because of its Functionality” appeared in the Sept. 1, 2016, issue of the INTA Bulletin, published by the International Trademark Association.

Read the article.