• IP BLAWG

    Hearts and Flowers and a Black Box

    Beverly A. Berneman
    2/14/17

    On Valentine’s Day, expressions of love do not belong in a black box. %CUT% The FTD black box may be a nice way to receive an elegant flower arrangement but it’s not a trademark. FTD wanted to register the color black on its packaging as a trademark. The examining attorney refused registration because the color was functional and non-distinctive trade dress. In other words, the proposed mark comprises a feature of the packaging for the identified goods that serves a utilitarian purpose.

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