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Recommended Reading: Following the Direction of TrafFix: Trade Dress Law and Functionality Revisited

In an article in the latest issue of IDEA (published by Franklin Pierce Law School) entitled "Following the Direction of TrafFix: Trade Dress Law and Functionality Revisited," Professor Amy Cohen of Western New England College School of Law reviews the history of product configuration trade dress law, including its expansion in the 1980s through the Supreme Court's attempt in TrafFix Devices Inc. v. Marketing Displays Inc., 532 U.S. 23, 58 USPQ2d 1001 (2001), to narrow trade dress protection by providing a broader definition of functionality.Professor Cohen finds that "[d]espite its seeming clarity, many scholars have struggled to make sense of the TrafFix decision, and many courts have struggled to apply it."The federal courts have split in their interpretations and applications of the TrafFix holding...continue to full post

Full post as published by The TTABlog on July 14, 2010 (boomark / email).