Press release
Functionality as a Failsafe: ReCentering Competition in ProductDesign Trade Dress
Jamaal Russ is a brand owner and an honor student at OCC, as well as an independent designer and researcher. His work explores the intersection of product design, trademark law, and trade-dress doctrine. With a professional background in footwear and apparel design, brand development, and the study of intellectual-property risks within creative industries, he brings a wealth of knowledge to his field.
Academically, Russ is particularly interested in functionality doctrine, product-configuration trade dress, and how trademark enforcement impacts innovation and market entry. He has shared his insights on IP risk management for designers and has partnered with educators and institutions to address topics related to access to justice, creative entrepreneurship, and the limitations of brand-based exclusivity.
His approach prioritizes doctrinal analysis and practical processes over advocacy, focusing on the realities of how legal frameworks function for independent creators and emerging brands.
Productconfiguration trade dress occupies a precarious position in trademark law, promising source identification while risking competitive foreclosure. This Article argues that courts should treat the functionality doctrine as a true gatekeeper rather than a posthoc balancing test. Drawing on Supreme Court precedent and lowercourt applications, the Article demonstrates how cost, quality, and use considerations-when applied rigorously-can resolve many disputes without resort to consumer surveys or expansive secondarymeaning inquiries.
The Article further examines aesthetic functionality and competitive necessity in consumer products, proposing a structured framework that aligns tradedress protection with competition policy. By recentering functionality, courts can preserve brand signaling while preventing the transformation of trademark law into a de facto productdesign monopoly.
Contact: Jamaal Russ
Jruss@denaropuro.com
Www.denaropuro.com [http://Www.denaropuro.com%20]
Instagram @Jamaal_Russ
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Company Name: Jamaal Russ
Contact Person: Media Manager
Email: Send Email [http://www.universalpressrelease.com/?pr=functionality-as-a-failsafe-recentering-competition-in-productdesign-trade-dress]
Country: United States
Website: http://Www.denaropuro.com
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