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Absorbent Pad Design is ‘Functional’ (access required)

A company being sued for federal trade dress infringement and unfair competition under the Lanham Act wins summary judgment, as the Roanoke U.S. District Court agrees with defendant company that plaintiff’s dot design for absorbent pads is functional, and the court cancels plaintiff’s trade-dress registration. The cornerstone of plaintiff’s business is a widely produced material known ...

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