· 8/11/2010
Jay Franco & Sons, Inc. v. Franek
Citations
- 615 F.3d 855
- 96 U.S.P.Q. 2d (BNA) 1404
- 2010 U.S. App. LEXIS 17019
- 2010 WL 3156539
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that advertisements that “highlight” the “functional aspects” of the product’s design “bolster[s]” evidence of functionality
- holding that a round beach towel’s design was functional
- noting that the- “TrafFix presumption” of functionality applied and supported summary judgment
- noting the “chief difficulty [of] distinguishing between designs that are fashionable enough to be functional and those that are merely pleasing”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Posner, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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