Functionality doctrine

Functionality doctrine

In trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law. This separates trademarks from patents — trademarks serve to protect a firm's reputation and goodwill, whereas patents serve to protect processes, machines, and material inventions.

If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked. The rationale behind this doctrine is that product markets would not be truly competitive if newcomers could not make product with a feature that consumers demand.

See also


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Doctrine (PHP) — See also DataEase, whose query language is also called DQL. Doctrine Stable release 2.1.2 / August 29, 2011; 54 days ago (2011 08 29) Development status …   Wikipedia

  • functionality — Under trademark law, doctrine allowing protection to a shape, configuration or color scheme only if it is non functional. Functionality exists if the design or color is so superior to available alternatives that competition would be hindered by… …   Black's law dictionary

  • functionality — Under trademark law, doctrine allowing protection to a shape, configuration or color scheme only if it is non functional. Functionality exists if the design or color is so superior to available alternatives that competition would be hindered by… …   Black's law dictionary

  • Qualitex Co. v. Jacobson Products Co., Inc. — SCOTUSCase Litigants=Qualitex Co. v. Jacobson Products Co., Inc. ArgueDate=January 9 ArgueYear=1995 DecideDate=March 28 DecideYear=1995 FullName=Qualitex Co. v. Jacobson Products Co., Inc. USVol=514 USPage=159 Citation= 514 U.S. 159; 115 S. Ct.… …   Wikipedia

  • Idea-expression divide — The idea expression divide or idea expression dichotomy is a concept which explains the appropriate function of copyright laws, which are generally designed to protect the fixed expression or manifestation of an idea rather than the fundamental… …   Wikipedia

  • Idea–expression divide — Intellectual property law Primary rights Copyright · authors rights  …   Wikipedia

  • Trade dress — refers to characteristics of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark. Vague|What… …   Wikipedia

  • Trademark — For other uses, see Trademark (disambiguation). For guidelines on using trademarks within Wikipedia, see Wikipedia:Manual of Style (trademarks). Intellectual property law …   Wikipedia

  • Extreme Programming Practices — Extreme Programming (XP) is a popular agile software development methodology used to implement software projects. This article details the practices used in this methodology. Extreme Programming has 12 practices, grouped into four areas, derived… …   Wikipedia

  • Copyright in architecture — is an important, but little understood subject in the architectural discipline. Copyright is a legal concept that gives the creator of a work the exclusive right to use that work for a limited time. These rights can be an important mechanism… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”