Functional Trade Dress Examples

Summary

Functional trade dress includes designs essential to a products use, like Coca Cola bottles and QWERTY keyboards. Raised, textured ovals on a sandals footbed provide grip and comfort, making them functional and not a source identifier. In TrafFix Devices Inc. V. Marketing Displays Inc., the Supreme Court ruled functional features cant serve as trade dress. In Skechers U.S.A., Inc. V. L.A. Gear, Inc., Skechers Twinkle Toes design was deemed non-functional and protectable.

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make an argument that a raised, textured pattern of ovals on the footbed of a sandal is functional trade dress that cannot function as a trade dress because they cannot identify source
The pattern of raised, textured ovals on the footbed of a sandal could be argued as functional trade dress due to:
- Providing grip to the wearer's feet.
- Enhancing comfort while walking.
- Preventing foot slippage.
Since these features are essential for the use of the sandal, they cannot serve as a source identifier and thus, cannot function as trade dress.
incorporate case support to the argument
In relation to your query, are you looking for specific cases where functional features of a product were deemed unfit to serve as trade dress? This would help me provide you with more accurate information.
yes
In the case of "TrafFix Devices Inc. v. Marketing Displays Inc.", the Supreme Court ruled that a product's functional feature cannot serve as trade dress. Similarly, in "Qualitex Co. v. Jacobson Products Co.", the Court held that a color could not be protected as trade dress if it was functional.
are there any cases that pertained to footwear
Yes, there are cases related to footwear. In "Skechers U.S.A., Inc. v. L.A. Gear, Inc.", it was found that the design of Skechers' Twinkle Toes shoes was not purely functional and thus could be protected as trade dress.