FUNCTIONALITY

functionality.Trademarks. The quality of having a shape, configuration, design, or color that

is so superior to available alternatives that giving the first user exclusive trademark rights would

hinder competition. [Cases: Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair

Competition §§ 49–50.]

aesthetic functionality.A doctrine that denies protection to the design of a product or its

container when the design is necessary to enable the product to function as intended.[Blacks Law 8th]