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ARTICLE · 04 MARCH 2021

Finguerra-DuCharme Discusses Aesthetic Functionality Doctrine With Bloomberg

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Finguerra-DuCharme Discusses Aesthetic Functionality Doctrine with Bloomberg.

United StatesIntellectual Property

Dyan Finguerra-DuCharme, co-chair of the firm's Trademark Practice, spoke with Bloomberg Law's Kyle Jahner around the Ninth Circuit's controversial interpretation of the aesthetic functionality doctrine in trademark law.

The issue at play concerned LTTB LLC's registered "Lettuce Turnip the Beet" T-shirt trademark, where the decision rendered did not ultimately permit LTTB to block the use of the trademark on other T-shirts- a decision that divided experts across the country.

As the article notes,

'Analysis reaching either outcome—that LTTB can protect its mark despite consumers not yet recognizing it, or that the mark is aesthetically functional and thus unprotectable—could result in problematic law, trademark attorney Dyan Finguerra-DuCharme of Pryor Cashman LLP said.

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