Sarah Burstein on Nostr: So, Carani's statement here is a correct statement of design patent law. The problem ...

So, Carani's statement here is a correct statement of design patent law. The problem with how Polaroid is using that statement is that "functional" means something different in design patent law than it does in trade dress law: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2710661