Vornado Air Circulation Systems, Inc. v. Duracraft Corp

In Vornado Air Circulation Systems, Inc. v. Duracraft Corp., 58 F.3d 1498 (10th Cir.1995), cert. denied, 516 U.S. 1067, 116 S.Ct. 753, 133 L.Ed.2d 700 (1996), the court rejected trademark protection for the feature at issue because it was claimed in the patent and without it "the invention could not fairly be said to be the same invention." Vornado, 58 F.3d at 1510. Hence, the court did not refuse trademark protection because there is a blanket prohibition against a feature of an invention disclosed in a patent becoming a trademark. Id.