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.
The plaintiff, Rogers, and the corporate defendant, Keene, are competing manufacturers of office supplies; Wendell Keene, the individual defendant, is the founder and president of the corporation....
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