From our private database of 33,800+ case briefs...
In re Morton-Norwich Products, Inc.
United States Court of Customs and Patent Appeals
671 F.2d 1332 (C.C.P.A. 1982)
Morton-Norwich Products, Inc. (Morton-Norwich) (plaintiff) sought trademark registration for the trade dress of a spray bottle that Morton-Norwich used as a container for its products. Morton-Norwich owned two patents that had been incorporated into the design of the spray bottle. In support of its application, Morton-Norwich provided evidence that the trade dress of its spray bottle had achieved secondary meaning as a designator of its source and was thus eligible for protection as a trademark. The examiner at the U.S. Patent and Trademark Office felt differently, however, and ultimately rejected the registration on the basis of the spray bottle’s functional features and lack of distinctiveness. Morton-Norwich appealed to the Trademark Trial and Appeal Board (TTAB), but the TTAB affirmed the decision of the examiner and viewed the design of the spray bottle as primarily functional. Morton-Norwich appealed the TTAB’s decision.
Rule of Law
Holding and Reasoning (Rich, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 604,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.