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Perspectives

Trademark-related quotes, opinions and observations from around the globe

It is unlikely that flavors can ever be inherently distinctive, because they do not “automatically” suggest a product’s source... The functionality doctrine is a significant hurdle for any party seeking to protect a flavor as a trademark… People eat, of course, to prevent hunger. But the other main attribute of food is its flavor, especially restaurant food for which customers are paying a premium beyond what it would take to simply satisfy their basic hunger needs. The flavor of food undoubtedly affects its quality, and is therefore a functional element of the product.

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Issue 71