Oct 13, 2010
A Chicago federal district court judge recently decided that Georgia-Pacific, that produces the Quilted Northern brand, could not trademark its quilted diamond design. The AM Law Litigation Daily reported on the issue.
The reason was that the diamond pattern was found to be a functional part of the product. According to Judge Kendall, “the degree to which Georgia-Pacific emphasized the utilitarian benefits of the quilted diamond design in its advertising” actually strengthened Kimberly-Clark‘s argument that the design was functional, and thus not suitable for trademark.
Kimberly-Clark uses a quilted diamond design in their Cottonelle Ultra, Scott Ultra, and Scott Extra Soft toilet paper brands.
Do you think that the quilted diamond is functional or aesthetic?