Recalibrating functional claiming: A way forward
What are the misconceptions and what should be done to recalibrate functional claiming standards accordingly?
The United States Court of Appeals for the Third Circuit recently ruled in FTC v. Wyndham Worldwide Corp., that the Federal Trade Commission’s authority to regulate "unfair methods of competition in or affecting commerce" extends to regulation of cybersecurity practices that are harmful to consumers. In this article, the authors explain the decision and its implications.
The essence of any trademark is to serve as a guarantee for consumers of the origin of the trademarked goods and services.