Court of Appeals for the Seventh Circuit November 26, 1985, 85-1208 (W.T. Rogers Company, Inc. v. Wendell R. Keene and Keene Manufacturing, Inc.)

POSNER, Circuit Judge.

A brand’s shape, color, pattern, or other design characteristic cannot obtain the protection of trademark law if it is “nonfunctional”; and we are required in this case to decide what the standard of functionality shall be in this circuit.