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ARTICLE · 11 FEBRUARY 2021

SDNY Magistrate Judge Recommends That Rubik's Cube Design Is Not Functional

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Since its creation in the 1980s, the Rubik's Cube puzzle has become one of the best-selling – and depending on who you ask, one of the most frustrating

United StatesIntellectual Property

Since its creation in the 1980s, the Rubik's Cube puzzle has become one of the best-selling – and depending on who you ask, one of the most frustrating – toys in the United States. Rubik's Brand Limited ("Rubik's"), a London-based company, currently owns the trademark registration for the traditional design of the iconic Rubik's Cube. This federally-protected trade dress consists of a black cube base with nine cubes on each side; each side is a different solid color. In 2016, Flambeau, Inc. ("Flambeau"), a Wisconsin corporation, began selling its own 3x3 puzzle cube, the Quick Cube. The Quick Cube, however, has a white base and fluorescent color patches on its sides.

On August 28, 2017, Rubik's filed a complaint with the U.S. District Court for the Southern District of New York for several claims, including federal trademark infringement, false designation of origin, and trademark dilution. Rubik's sought injunctive relief and monetary damages. In response, Flambeau

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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