LexisNexis® Legal Newsroom
Crippling Blow to Infringer: Decorative Furniture Not Merely Functional

When evaluating whether a particular item or object infringes someone's copyright, it is essential to determine whether the work is protectable by copyright in the first place. In many cases, the issue will raise a question regarding functionality. Is the item at issue a work of protected expression...

Job’s Daughters and Betty Boop: An Odd Couple by Name but Important Functionality Cases in Ninth Circuit Trademark Law

If you miss a case citation, it might mean one of two things: a) your research was incomplete; or b) there's a blind spot in the law. A recent trademark case may have exposed such a blind spot in the Ninth Circuit. Fleischer Studios, Inc., the alleged owner of the Betty Boop cartoon character...

Confusion in the Sixth Circuit over the TrafFix Functionality Standard and the Value of Copying

Excerpt: The extension of trademark law protection to product configurations has led to complications and confusion. The Supreme Court's attempts to clarify the law of trade dress protection have been insufficient, as we see in this Sixth Circuit opinion, in which the majority and dissenting opinions...