State v. Simbo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trademark rights “exist independently of [patent rights], under different law and for different reasons”
• observing that patents and trademarks “exist independently . . . under different law and for different reasons”
• “On the basis of the record before us * * * we cannot accept the [‘functionality in ornamentation’] approach.”
• although wine bottle’s purpose was to hold wine, bottle’s fanciful shape could serve to indicate source and could therefore be protected under Lanham Act
• whether bottle design functioned as trademark to indicate origin was a question of fact
• the same for a wine decanter

Source: CourtListener parenthetical corpus (CC0).