#fashionlaw — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #fashionlaw, aggregated by home.social.
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Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
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Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
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Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
-
Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
-
Fourth Circuit affirms the USPTO's refusal to register the certain parts of the Timberland boot design as trade dress:
https://storage.courtlistener.com/recap/gov.uscourts.ca4.170358/gov.uscourts.ca4.170358.60.0.pdf
The court agreed that the claimed design was not distinctive and did not reach the issue of functionality.
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As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw
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As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw
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As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw
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As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw
-
As summarized by John Welch on his TTABlog:
"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."
#Trademarks #TradeDress #Litigation #AcquiredDistinctiveness #FashionLaw