Mealey's IP/Tech - 4th Circuit Vacates Summary Judgment Of Trade Dress Functionality

Mealey's IP/Tech - 4th Circuit Vacates Summary Judgment Of Trade Dress Functionality

RICHMOND, Va. - A Virginia federal judge erroneously granted a trade dress infringement defendant summary judgment because material fact issues still exist with regard to whether the claimed elements are functional, the Fourth Circuit U.S. Court of Appeals ruled June 25 (McAirlaids Inc. v. Kimberly-Clark Corporation, No. 13-2044, 4th Cir.).

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