Generic Domain Names, Trademarks, Aesthetic Functionality Defense

Crimes of the Heart: A Trademark Valentine To Betty Boop | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra: " . . . Professor McCarthy argues that the doctrine applied literally could “negate[] protection for all trademarks.” McCarthy also asserts that the doctrine is unnecessary: in the case of the candy box, for example, the heart shape is generic and therefore not enforceable as a trademark in the first place, so we don’t need a confusing new doctrine to get to the right result. By 2006, even though the doctrine arguably had been endorsed in at least one Supreme Court opinion . . . ."

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