115: How Do You Trademark A Scent?
Smell Ya Later
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The Fine Line Between Trademark and Function
trademark does not protect function. That's why the clones and perfumes are not subject to protection because they have a functional component. Adding a scent to yarn doesn't help the yarn serve its purpose in any way. The same thing with Play-Doh. If you have that, I guarantee if I did that right now, it automatically resonates my mind with, oh, that's Play-DOH. So again, it's a fine line, if you will. It's difficult to understand why you can't protect the smell, but there are other ways to do that.
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