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ARTICLE · 22 FEBRUARY 2018

TTAB Grants Summary Judgment Motion, Finding Fusible Link Configuration De Jure Functional

Wolf, Greenfield & Sacks, P.C.
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The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5).

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5). The mark on the left "consists of a configuration of a copper rectangular heat fusible link with rounded edges with a transparent circle at the top and bottom." The mark on the right is identically described except for the word "copper." Tyco Fire Products LP v. Globe Technologies Corporation, Oppositions Nos. 91212425 and 91220233 (January 22, 2018) [not precedential].

Opposer's expert explained that the fusible link consists of two plates placed under tension or load. The plates are held together by a fixed heat-sensitive material, which in the event of a fire melts or breaks once the ambient temperature reaches a certain degree, causing the plates to separate. When the plates separate the fire detection or suppression system is activated.

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