Dippin' Dots seeks U.S. Supreme Court review of Lanham Trademark Act issues
Clients Dippin' Dots, Inc.
On behalf of Dippin' Dots, Inc., Jones Day argued in a petition for certiorari that the U.S. Supreme Court should resolve two circuit splits under the Lanham Trademark Act. The first issue is whether a court may determine as a matter of law that an accused mark is not likely to cause consumer confusion by analyzing only whether the trademarks at issue are similar and ignoring all of the other factors in a multifactor test for determining likelihood of confusion. The second issue is whether the controversial doctrine of "aesthetic functionality" - under which a product feature is deemed functional, and thus not protectable as a trademark, if it is aesthetically pleasing - is a viable doctrine.
Dippin' Dots, Inc. v. Frosty Bites Distribution, LLC. No. 04-642 (U.S.)