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It can also serve as an invitation to show some personality in your outfit

To make the sauce spicier, swap the jalapeno for a serrano or habanero pepper

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There the manufacturer could perhaps prove that those aspects do not serve a purpose within the terms of the utility patent. The Basic Trade Dress Question To answer the initial question, if the part of the patented invention is functional it cannot be protected under the Trademark Act

Add the tuna and toss with cup of the dressing while the potatoes are hot