Functionality doctrine: Difference between revisions

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{{Intellectual property}}

In [[United States trademark law]], the '''functionality doctrine''' prevents [[manufacturer]]s from protecting specific features of a product by means of [[trademark]] law.<ref>[http://www.law.cornell.edu/wex/functionality_doctrine_trademark Functionality doctrine] at [[Wex]], from the [[Legal Information Institute]]</ref> ThisThere separatesare trademarkstwo frombranches [[patent]]sof &mdash;the trademarksfunctionality servedoctrine: utilitarian functionality and aesthetic functionality. Utilitarian functionality provides grounds to protectdeny atrademark protection to features which do something useful. Patent law, not trademark, protects useful processes, [[business|firmmachine]]'s, and material [[reputationinvention]]s. and [[GoodwillPatented designs are presumed to be functional until proven otherwise.<ref>TrafFix Devices, Inc. v. Marketing Displays, Inc. 532 U.S. 23 (business2001)|goodwill]],</ref> Aesthetic functionality whereas patentsprovides servegrounds to protectdeny processes,trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable. Aesthetic features are within the purview of [[machinecopyright]]s law, which provides protection to creative and materialoriginal [[invention]]sworks of authorship.<ref>17 USC § 102(a)</ref>

Functionality is met if :

If a feature gives a producer a competitive advantage which is not related entirely to its function as a [[brand]] identifier, then it cannot be trademarked. The rationale behind this doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand.

* A feature is essential to the use or purpose of the product; or

* A feature effects the cost or quality of the product; or

* Exclusive use of the feature would put competitors at a significant non-reputation related disadvantage<ref>Qualitex v. Jacobson Products, 514 U.S. 159 (1995)</ref>

IfEssentially, afunctionality featureis givesgrounds for denying trademark protection to a producerfeature which grants a competitive advantage which is not related entirely to its function as a [[brand]] identifier,. then itTrademarks cannotserve beto trademarkedprotect a [[business|firm]]'s [[reputation]] and [[Goodwill (business)|goodwill]]. The rationale behind thisfunctionality doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand.

==See also==