Usually the AmeriKat has some sort of event or item of note to inform readers about her week, but in the past two weeks the AmeriKat's only main extra-curricular activity have seen her shouting about the merits of London as the seat of the Unified Patent Court (see here and further discussion here). For the AmeriKat, last Monday's Halloween, a big holiday in any American Kat's calendar and the only exciting punctuation during her two weeks, was sadly disappointing; she did not manage to scare anyone, dress up or score a ride on a broomstick. A few pathetic meows later, having been taken pity upon by a kindly senior clerk, she managed to get her paws on her first and only Halloween bounty in the form of a Kit-Kat bar. The rest of the next two weeks were work and rain inundated - so much so, that with all the London-cheerleading she was undertaking she has been feeling distinctly English...(picture, left - the AmeriKat shouting for England)
"the true test of functionality is not whether the feature in question performs a function, but whether the feature is dictated by the functions to be performed"
"[W]here an ornamental feature is claimed as a trademark and trademark protection would significantly hinder competition by limiting the range of alternative designs, the aesthetic functionality doctrine denies such protection."This echoes the Supreme Court's dicta in Qualitex which states that
"[I]f a design's 'esthetic value' lies in its ability to 'confe[r] a significant benefit that cannot be practically duplicated by the use of alternative designs, ' then the design is 'functional.'"
"is not taking sides in this dispute. We are only trying to assure that this area of the law is not disturbed by an overbroad decision in the lower court."