Amicus Brief

TrafFix Devices, Inc. v. Marketing Displays, Inc.

Published: January 1, 2000


U.S. Supreme Court

Our Position

Whether or not a feature is addressed in a utility patent, it could nevertheless be eligible for protection when it otherwise meets the requirements for protection under the U.S. Lanham Act, which include non-functionality.


The Court agreed, holding that regardless of whether a product feature is the subject of an expired patent, trade dress protection can be asserted only in features that are not functional.