JURY VERDICT ON FUNCTIONALITY OF OVERALL DESIGN OF NO-SPILL DRINKING CUP FOR CHILDREN WAS SUFFICIENTLY SUPPORTED BY EVIDENCE

摘要

A jury verdict on functionality of an overall design of a no-spill drinking cup for children was sufficiently supported by the evidence, and thus the design patent was valid. Although the utility patent disclosed utilitarian advantages of the design, the functionality inquiry asked whether the overall design had been dictated by utility, advertisements highlighting individual attributes did not demonstrate that the overall design had been dictated by function, and the alternative designs that could not be manufactured without additional cost or loss of quality performed the same function.