When patent > trademark

Description

Abstract: When a manufacturer of round beach towels learned that a distributor was selling similar towels, the owner sued two of the distributor’s retailer customers for unauthorized use of his trademark. On behalf of these customers, the distributor sued the plaintiff to invalidate the mark. The district court ruled in the distributor’s favor, finding that the round beach towel was functional and, therefore, not eligible for trade dress protection. This article explains why the decision was upheld on appeal, and explains that trademark protection is not as strong as patent protection. Jay Franco & Sons, Inc. v. Franek, No. 09-2155, August 11, 2010 (7th Cir.)