Federal Circuit: Pink Hip Implants Are Functional, Cannot Be Protected as Trade Dress
Briefly

The Federal Circuit has affirmed the cancellation of CeramTec's trademark registrations for the pink color of its ceramic hip implants, highlighting the functionality doctrine's role in trade dress decisions.
The outcome serves as a cautionary tale that unsubstantiated statements in utility patents can preclude future claims for trade dress protection, compelling patent attorneys to advise clients appropriately.
Read at Patently-O
[
|
]