The Functions of "Functionality" in Trademark Law

Samuel Oddi, University of Akron School of Law

Abstract

This article will examine the various definitions of "functionality" and its converse "nonfunctionality" which have been propounded and applied by the courts in cases involving trademark registration and trademark infringement. The doctrine of "functionality" will be critically analyzed to determine whether the standards by which it is applied to three-dimensional products adequately balance the policy objectives of free competition (as reflected in the right to copy) and fair competition (as reflected in trademark protection).