Legal Opinion
W.T. Rogers Company, Inc. v. Wendell R. Keene and Keene Manufacturing, Inc.
Court of Appeals for the Seventh Circuit
Decided November 26, 1985No. 85-1208PublishedCited by 100 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A brand’s shape, color, pattern, or other design characteristic cannot obtain the protection of trademark law if it is “nonfunctional”; and we are required in this case to decide what the standard of functionality shall be in this circuit.
The plaintiff, Rogers, and the corporate defendant, Keene, are competing manufacturers of office supplies; Wendell Keene, the individual defendant, is the founder and president of the corporation. Both companies are located in Wisconsin. In 1969 Rogers began to manufacture a molded plastic stacking office tray for letters and other…
2Cases cited27 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974
- Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985
- Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
22 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.Court of Appeals for the Sixth Circuit · 2002
95 more not listed; retrieve them via the Exa API.