Ron Coleman: "Tackiness not grounds for refusal to register"
At his Likelihood of Confusion blog, Ron Coleman comments (here) on the pending TTAB appeal in In re Chippendales USA, LLC, Serial No. 78666598 [Appeal from the PTO's refusal to register the apparel configuration shown below for "adult entertainment services, namely exotic dancing for women in the nature of live performances" on the ground that the design is not inherently distinctive].
The PTO has conceded that the Chippendale "outfit" is product packaging rather than product shape [Of course, if it were the latter, the design could not be inherently distinctive]. But the PTO, applying the Seabrook test, maintains that the package is not inherently distinctive. The Board will hear the appeal on December 4th at 10AM. Ron seems to think Chippendales will win.
The Las Vegas Trademark Attorney joins the party here.
Text Copyright John L. Welch 2008.