July 21, 2006
March 30, 2006
U.S. Trademark Registration No. 3,072,726
Issued: March 28, 2006
Registrant: Ameribag, Inc., Kingston, New York
For: Shoulder Bags and Tote Bags
First Use: 9-30-1993; In Commerce: 9-30-1993
The mark consists of the configuration of a shoulder bag.
Section 2(f)
Shape Blog note: Section 2(f) evidence included dealer declarations and "look-for" advertising.
March 22, 2006
CAFC Affirms TTAB Ruling that Clothing Features = Product Configuration Trade Dress
The TTABlog reports here on yesterday's CAFC decision in In re Slokevage, Appeal No. 05-1389 (March 21, 2006), affirming the TTAB's ruling that Slokevage's clothing features constitute product configuration trade dress and therefore require proof of secondary meaning in order to qualify for registration on the Principal Register.
March 10, 2006
Wrigley Sues Cadbury Over TRIDENT And DENTYNE Trade Dress
Our related blog TRADEMARK BLOG, on a somewhat odd trade dress complaint filed by Wrigley relating to TRIDENT and DENTYNE packaging.
March 09, 2006
Definition of Confusingly Similar BOUNTY Trade Dress
From the Consent Judgment and Permanent Injunction in P & G v. McLane Company, 3:05 CV 0427 (WHR) (SD Ohio Feb 23 2006):
" . . . Packaging shall be deemed substantially similar . . . if it includes the element described in paragraph 'a' or an oval graphic in combination with any three or more of the elements listed in paragraphs 'b' through 'g.' Nothing herein should be construed to mean that Defendants' use of fewer than the foregoing elements is authorized or approved by P & G or the Court . . .
a - The cornucopia graphic, in equity colors of green, organge, yellow and blue, which is centered on the package - specifically, the use of an identical oval shape using gradients of yellow and magenta to create an orange center, surrounded by a wide green 'swoosh' and a blue accent;
b - The overall impression of the equity color being green;
c - The use of gradient colors;
d - The use of bold, black block lettering to display the brand name within the cornucopia graphic, with an initial capital letter;
e - The upward slope of the brand name, from left to right;
f - The use of a bowtie graphic centered to the lower half of the packaging; or
g - The repeated use of the cornucopia graphic and bowtie graphic on the back of the package.
March 08, 2006
Try Your Hand At Defining Confusingly Similar Trade Dress
How would you define what a confusingly similar trade dress to that of BOUNTY TOWELS (shown above) consists of? Answer soon.
February 13, 2006
Two-Bottle Tote: How Would You I-Protect It?
Get it? I-Protect? IP protect?
From Built NY. Website here.
Copyright? Too utilitarian.
Utility patent? Maybe, but watch out if you want to get a ...
Design patent? Sure. There certainly are non-functional design features.
Trademark? You'd better be ready to prove secondary meaning.
[See US Trademark Registration No. 3,026,873]
[Also marked "patent pending"].
February 07, 2006
TUPPERWARE Brand Flat Out containers
February 06, 2006
Paperboard Makers Battle over "Mottled Pattern" Trademark Registration
Brownsville Specialty Paper Products, Inc. has filed a petition for cancellation of Fibermark, Inc.'s trademark registration for a mark consisting of "a representation of the consistent mottled pattern shown on the surface of the goods."
The mark is the subject of U.S Trademark Registration No. 3,038.726, issued on January 10, 2006, for "paperboard provided to others for making report, document and notebook covers, and for making binders and folders." The Registration issued under Section 2(f).
Brownsville alleges that the Fibermark "mottled pattern" mark is, inter alia, functional, generic, indefinite, and non-distinctive.
February 03, 2006
Honda S-90
circa 1967
February 01, 2006
Traveler Guitar's Escape Bass
January 31, 2006
U.S. Trademark Registration No. 3,052,331
Issued to Ford Motor Company on January 31, 2006 for "motor vehicles, namely, automobiles and structural parts therefor," under Section 2(f) of the Trademark Act.
"The mark consists of the configuration of a C-scoop on the side of an automotive vehicle."
January 25, 2006
Tips on Registering Product Configuration Trade Dress
There are two major hurdles to registration of product configuration trade dress at the USPTO: functionality and distinctiveness. In the latest Trademark Reporter, Karen Feisthamel, Amy Kelly, and Johanna Sistek provide helfpul advice on how to approach those hurdles, and maybe even clear them. "Trade Dress 101: Best Practices for the Registration of Product Configuration Trade Dress with the USPTO," 95 Trademark Reporter 1374 (November-December 2005).
Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205, (2000)
For more discussion of this article and of the topic in general, go to this posting at the TTABlog.
[The TMR article is Copyright 2005 the International Trademark Association and is reprinted, with permission, from the Trademark Reporter, 95 TMR 1374 (November-December 2005).]
January 02, 2006
A Clean Well-Lighted Inherently Registrable Trade Dress
". . . a festive eating atmosphere having interior dining and patio areas decorated with artifacts, bright colors, paintings and murals. The patio includes interior and exterior areas with the interior patio capable of being sealed off from the outside patio by overhead garage doors. The stepped exterior of the building is a festive and vivid color scheme using top border paint and neon stripes. Bright awnings and umbrellas continue the theme.'