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Finding Circular Shape for Beach Towel to be Functional, Chicago Federal Court Rules Registered Trademark Invalid

The United Stated District Court for the Northern District of Illinois held invalid the product configuration mark shown immediately below, for beach towels, finding the circular shape to be functional. [The mark is the subject of a 20-year old trademark registration (Reg. No. 1,502,261)]. Franek v. Walmart Stores, Inc., Civil Action No. 08-CV-0058 (N.D. Ill. March 13, 2009).Judge Robert M. Dow, Jr. applied the "multi-factored test used by many courts in determining whether a produce feature is functional." "(i) the existence of a utility patent, expired or unexpired, that involves or describes the functionality of an item's design element; (ii) the utilitarian properties of the item's unpatented design elements; (iii) advertising of the item that touts the utilitarian advantages of the item's design elements; (iv) the dearth of, or difficulty in creating, alternative designs for the item's purpose; and (v) the effect of the design feature on an item?s quality or cost...continue to full post

Full post as published by The TTABlog on March 20, 2009 (boomark / email).