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In re Morton-Norwich Products Inc., - (1982) p.299

SUBJECT

bars to registration

FACTS

Attempt to register overall configuration of a spray bottle.

ISSUE

Whether the design of a spray bottle can be trademarked.

HOLDING

The shape of the bottle is not purely functional and therefore it can be registered as a trademark.

RATIONAL

Courts looked at different parts of the product. The container itself is de facto functional. The shape though is not related to the function. Now look at it as matter of law.

NOTES

Client admitted the shape was not inherently distinctive but claimed it had acquired secondary meaning.

Created on: Tuesday, February 08, 2000 at 17:53:04 (PST)


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