Quilted Bath Tissue Can't Be Trademarked: 7th Circ.

Law360, New York (July 28, 2011, 7:10 PM EDT) -- The Seventh Circuit on Thursday affirmed a lower court's decision dismissing a trademark infringement and unfair competition suit against Kimberly-Clark Corp., ruling that Georgia-Pacific Consumer Products LP's quilted toilet paper design is functional and can't be trademarked.

The Seventh Circuit said the five utility patents covering Georgia-Pacific's quilted diamond design undermine the company's trademark claims with clear descriptions of the design's utilitarian features — namely, improved softness, comfort and absorption.

"The language of the patents — the claims, abstracts and preferred embodiment — is 'strong evidence'...
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