Subsequent Developments
Kellogg has become a foundation of the functionality doctrine, that product designs that are intrinsic to functionality cannot be protected under unfair competition or trademark laws, because this would impede the ability of competitors to make a rival product.
Trademark law was in a state of flux in 1938, when Kellogg was decided, and the U.S. Department of Justice sought to explicitly codify the Kellogg decision into law, as part of the Lanham Act.
Read more about this topic: Kellogg Co. V. National Biscuit Co.
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