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There the manufacturer could perhaps prove that those aspects do not serve a purpose within the terms of the utility patent. The Basic Trade Dress Question To answer the initial question, if the part of the patented invention is functional it cannot be protected under the Trademark Act

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When choosing a plus size formal dress, consider your body shape and the occasion

With its delicious silk organza ruffles layered like a fine pastry, this delicate, low-back confection from Reiss will bring out the romantic in you

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