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Functionality doctrine
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<p>Under <a href="/facts/United_States_trademark_law/qpQvfuA1">United States trademark law</a>, the functionality doctrine provides that product features that are functional cannot be protected as <a href="/facts/Trademark/B23H8IS0">trademarks</a>. A product feature is considered functional if it is essential to the product’s use or purpose, or if it has an impact on the product’s cost or quality. The purpose of the doctrine is to encourage legitimate competition by ensuring a balance between trademark law and patent law. </p><p>A key case illustrating the functionality doctrine is <i><a href="/facts/TrafFix_Devices%2c_Inc._v._Marketing_Displays%2c_Inc./EBaYfYLV">Traffix Devices, Inc. v. Marketing Displays, Inc.</a></i> (2001). In this case, the Supreme Court held that a dual-spring design for a road sign was not eligible for <a href="/facts/Trade_dress/tW5XEgqm">trade dress</a> protection—a category within trademark law—because it served a purpose beyond “informing consumers that the sign stands are made by” the plaintiff. </p><p>There are two branches of the functionality doctrine: utilitarian functionality and aesthetic functionality. The rationale behind functionality doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand. Utilitarian functionality provides grounds to deny federal trademark protection to product features which do something useful. Patent law, not trademark, protects useful processes, <a href="/facts/Machine/wTCxFRfs">machines</a>, and material <a href="/facts/Invention/P3LdUHBY">inventions</a>. Patented designs are presumed to be functional until proven otherwise. Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable. Aesthetic features are within the purview of <a href="/facts/Copyright/7GHEWEx9">copyright</a> law, which provides protection to creative and original works of authorship. </p>