· 10/17/1990
Wallace International Silversmiths, Inc. v. Godinger Silver Art Co., Inc.
Citations
- 916 F.2d 76
- 16 U.S.P.Q. 2d (BNA) 1555
- 1990 U.S. App. LEXIS 18454
- 1990 WL 154682
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “purely ornamental features” are functional when their use is necessary for competition in the market
- denying protection where, unlike here, plaintiff sought “trademark protection, not for a precise expression of a decorative style, but for basic elements of a style that is part of the public domain.”
- plaintiffs baroque silverware design was functional, and thus not protectible, because effective competition in the silverware market required use of “essentially the same scrolls and flowers”
- “[Bjasic elements of a style that is part of the public domain” are not protecta-ble.
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Mahoney, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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