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- Title
Aesthetic Functionality.
- Authors
Mireles Jr., Michael S.
- Abstract
The article advocates that functionality doctrine, especially aesthetic doctrine may limit the cumulative excesses of trademark law. It informs that despite the doctrine manifests the potential to restrict trademark law excess and the U.S. Supreme Court's approval, it highlights that lower courts avoid the aesthetic functionality doctrine. It suggests that courts must apply a consumer motivation and a competitive necessity tests to evaluate aesthetic functionality.
- Subjects
UNITED States; UNITED States. Supreme Court; FUNCTIONALITY doctrine (Trademarks); LAW &; aesthetics; TRADEMARK laws; CONSUMERS
- Publication
Texas Intellectual Property Law Journal, 2013, Vol 21, Issue 2, p155
- ISSN
1068-1000
- Publication type
Article