Patents protect inventions while trademarks identify goods. Trade dress protection is limited to non-functional features. A utility patent suggests functionality, making those features unprotectable as trade dress. The Supreme Court determined in TrafFix that trade dress claiming functional aspects is not protectable if disclosed in a utility patent. However, non-functional aspects, even when included in a utility patent, may still be subject to trademark protection. Recent legal cases indicate that claims for trade dress infringement can succeed despite being associated with utility patents, particularly at the initial pleadings stage.
The U.S. Supreme Court held more than 20 years ago a utility patent is strong evidence the features claimed within are functional, and, therefore, not protectable trade dress.
Trademark owners can still protect non-functional aspects of products also covered by a utility patent, at least for the time being.
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