Why a kit bag doesn’t qualify for trade dress protection
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Description
Abstract: Some product features are ornamental and others are functional. One manufacturer recently learned that the hard way. This short article reviews a decision from the Seventh Circuit Court of Appeals finding that a bag’s design and shape were functional — and therefore not protected as trade dress. Arlington Specialties, Inc. v. Urban Aid, Inc., No. 14-3416, Jan. 27, 2017 (7th Cir.)
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