Confusion in the Sixth Circuit over the TrafFix Functionality Standard and the Value of Copying (PDF)
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The extension of trademark law protection to product configurations has led to complications and confusion. The Supreme Court's attempts to clarify the law of trade dress protection have been insufficient, as we see in this Sixth Circuit opinion, in which the majority and dissenting opinions disagree over the Supreme Court's statements in this area.
Anne Gilson LaLonde is the author of Gilson on Trademarks and has worked on the treatise since 1999. She graduated from the University of Michigan Law School after serving as Book Review Editor of the Michigan Law Review. Anne practiced at Sidley & Austin in Washington, D.C. in the firm’s Litigation Practice Group before her two-year judicial clerkship with Chief Judge Norma Holloway Johnson of the United States District Court for the District of Columbia. She is a member of the Illinois and District of Columbia bars and the bar of the United States Supreme Court.
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