is a Shareholder at Vedder Price and a member of the firm’s Intellectual Property group in the Chicago office. Mr. Shulman’s practice focuses on all aspects of intellectual property acquisition, monetization and enforcement, including complex patent litigation, trademark litigation, copyright litigation, trade secret litigation and all aspects of patent and trademark prosecution and portfolio management.
For more information or to contact Mr. Shulman, please visit his Firm Profile Page.
On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). The case was based on Bodum’s allegation that A Top infringed Bodum’s unregistered trade dress in its Chambord® French press coffee maker design and squarely addressed the doctrine of “functionality” of trade dress. The court addressed two important issues related to functionality: (1) what type of evidence is necessary to prove functionality of a particular design and (2) under what circumstances are utility patents relevant to that analysis?