Panel Reverses Finding That Trademarks Are Functional, Utilitarian

Mealey's (April 12, 2023, 7:27 AM EDT) -- SAN FRANCISCO — A federal judge in California erred in finding that various color-coded dental retention inserts have utilitarian functionality without also asking whether other colors could serve to differentiate the inserts’ retention strengths “equally well,” the Ninth Circuit U.S. Court of Appeals has ruled....