Document Type

Article

Publication Year

2014

Journal Title

European Intellectual Property Review

ISSN

0142-0461

Abstract

This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc . In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark law as an additional form of protection for copyrighted, or once copyrighted, creative works.

First Page

80

Last Page

87

Num Pages

8

Issue Number

2

Publisher

Thomson Reuters

FIle Type

PDF

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