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Expanded view of aesthetic functionality doctrine rejected in US trademark row

By Melissa Ritti ( June 30, 2025, 14:28 GMT | Insight) -- Infringement defendant Miss Me has been denied a summary judgment that an embossed horseshoe on its accused jeanswear is aesthetically functional, with a US judge clarifying that the proper inquiry involves plaintiff True Religion’s horseshoe design only. The doctrine — which limits parties from monopolizing elements that increase aesthetic appeal and drive consumer demand — has a checkered legal past.A material dispute over a horseshoe displayed on the back pocket of True Religion jeans — and whether it is viewed as a source identifier or, instead, serves an aesthetic function — precluded summary judgment last week in favor of a trademark infringement defendant....

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