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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.