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ARTICLE · 02 AUGUST 2021

But Is My Trade Dress Valid? Court Says NO If Functionality Is Established

Khurana & Khurana, Advocates and IP Attorneys
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Flexible Steel Lacing Company (‘Flexco') and Conveyor Accessories Inc. (‘CAI') are both companies that manufacture accessories and fittings for conveyor belts.

IndiaIntellectual Property
Sanjana
Sanjana
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Flexible Steel Lacing Company ('Flexco') and Conveyor Accessories Inc. ('CAI') are both companies that manufacture accessories and fittings for conveyor belts. Conveyor belts are constructed using pieces of rubber sheets that are held together, that eventually takes the form of an 'endless' belt. These rubber sheets are held together using belt fasteners. In this case, Flexco (the plaintiff) sued CAI (the defendant) citing that CAI had infringed Flexco's trademark registration that covers "a three-dimensional configuration of the curved beveled scalloped upper edge of a metal fastener,". Flexco brought in claims by citing:

  • The Lanham Act, 15 U.S.C. §§ 1114 and 1125(a)
  • Laws for unfair competition and trademark infringement

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