Becton Dickinson Loses Bid To Trademark Blood Tube Cap

Law360, New York (April 12, 2012, 5:37 PM EDT) -- The Federal Circuit ruled Thursday that Becton Dickinson and Co. cannot trademark the design of the cap used on its blood collection tubes, ruling that the proposed mark is functional.

In a 2-1 decision, the appeals court affirmed the decision of the Trademark Trial and Appeal Board that the design of the cap is functional because Becton holds a design patent that explains the utilitarian advantages of the cap's features and the company's advertising highlights those features.

"Because the board committed no legal error in its...
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