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Expert Analysis

A Case To Study On Patent And Trade Dress Protection

Law360, New York (September 19, 2014, 12:17 PM EDT) -- The Fourth Circuit in McAirlands Inc. v. Kimberly-Clark Corp. recently held that ownership of a utility patent does not necessarily preclude a claim in trade dress rights, particularly where the patent does not specifically cover the asserted trade dress. Remanding the district court's decision granting summary judgment to Kimberly-Clark, the Fourth Circuit held that although plaintiff McAirlaids owned a utility patent, this fact alone was not sufficient to warrant a finding that its textile pattern was functional and therefore not eligible for trade dress protection....

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