–Susan Perera, Attorney
It was time for a new kitchen faucet at our house and after opening the box of our new Delta faucet we noticed this image on the side panel of the box.
The registration for this kitchen faucet product configuration mark (shown farthest to the right on the box) can be seen here.
As we have discussed previously, product configuration marks protect the distinctive design or shape of a product.
Product configuration marks generally require a showing that the configuration has acquired distinctiveness (serves as an identifier of source ) in order to be registered. In this case, that means the configuration above identifies Delta Faucet Company
Does it? Well, how about an exciting round of “Spot that Spout” to find out?
Below are a few different faucets available at your local home improvement store. So who makes these faucets, are they all Delta? And if not are they distinguishable from Delta’s product configuration registration?
Answers after the jump…