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· 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 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.