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Showing 1 to 1 of 1 for “"Empirical, Aesthetic functionality, Color trademarks"”.
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Empirical study of the aesthetic functionality on color trademarks
… can stifle competition. U.S. courts apply the “aesthetic functionality” doctrine in trademark infringement cases to address this concern. “Aesthetic functionality” refers to non-reputation-based advantages protecting trade dress might provide. In a specific case, the judge decides whether the …