Topical Terminology  

       

Topical Terminology > Aesthetic Functionality



1 Definition

Aesthetic functionality

For Aesthetic functionality we have a term and definition in Trademark.



Aesthetic Functionality (Trademark)

A widely-criticized facet of the functionality doctrine which deems as functional, and thus not trademarkable, any product design feature which is an important ingredient in the commercial success of the product. Thus, if a floral pattern on china makes the china more commercially desirable, such pattern would be deemed non-trademarkable. More recently, courts have recognized that a design feature may be commercially successful and still operate as a product identifier worthy of trademark protection, and thus have not been eager to invoke the doctrine of Aesthetic functionality as a defense to trademark infringement.




Similar

Browse words that start with:




Browse All Terms by First Letter

Term Search



Powered by Odin Assemble 2.5a