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TTAB Finds Design of "MOI" Putter Head Functional Under Section 2(e)(5)

I gave up golf years ago out of frustration: I simply could not get through the windmill! That's when I turned to patent law for excitement. The Board took up both patent law and golf in a somewhat frustrating decision affirming a Section 2(e)(5) refusal to register the product configuration mark shown below for "golf clubs," finding the design to be functional. Relying mainly on several utility patents owned by Applicant Karsten, the Board ruled that the design of the putter head "increases the moment of inertia of the putter head, thereby rendering the design functional." In re Karsten Manufacturing Corporation, Serial No. 77170356 (April 15, 2009) [not precedential].The Board applied the standard functionality analysis set forth by the CCPA in In re Morton-Norwich Products, Inc...continue to full post

Full post as published by The TTABlog on May 06, 2009 (boomark / email).