TM Pros Tell High Court To Clarify Functionality Standards

By Tiffany Hu (October 18, 2021, 9:55 PM EDT) -- A group of trademark experts urged the U.S. Supreme Court Monday to review a Second Circuit ruling that a Swiss company's candy-colored dental products are not protected by trademark law, saying the justices need to reaffirm a "clear national standard" on functionality.

The International Trademark Association filed an amicus brief backing Sulzer Mixpac AG in its push for the justices to take up its appeal of the Second Circuit's decision that sunk a $2 million judgment the company won in New York federal court against A&N Trading Co., a Korean company that had been found to be willfully infringing a collection...

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