Existence of Utility Patent Not Necessarily Proof That Related Trade Dress Is Functional

A district court erred when it ruled on summary judgment that an embossing pattern for absorbent pads was functional, the U.S. Court of Appeals for the Fourth Circuit ruled June 25 (McAirlaids, Inc. v. Kimberly-Clark Corp., 2014 BL 177117, 4th Cir., 13-2044, 6/25/14).

In vacating summary judgment, the court distinguished the instant case from TrafFix Devices Inc. v. Marketing Displays Inc. (532 U.S. 23, 58 U.S.P.Q.2d 1001 (2001)) 55 DER A-17, 3/21/01, in two important ways.

Like TrafFix, this case also concerns the intersection of patent and trademark law. However, in this case the ...