Registering Product Design and the Functional Limitation

The Timberland Boot trade dress case is being reviewed by the Fourth Circuit Court, exploring the relationship between product trade dress, design patents, copyright, and utility patents. Timberland sought to register the boot design as a trademark, but the USPTO denied the request, citing functional limitations and lack of secondary meaning. The case is now under appeal. The International Trademark Association (INTA) has filed an amicus brief supporting Timberland.

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