29 Sep '16, 5pm

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

A further interesting aspect of this case is the unusual prosecution history of the TP trademark application. LVL XIII had filed a “design mark” application with the USPTO for the TP in March 2013. The USPTO had issued a Notice of Publication in August 2013 and a Notice of Allowance in October 2013, without ever requiring proof of the distinctiveness of the mark. However, on July 18, 2014, following the submission of a Statement of Use with accompanying product specimen, the USPTO issued an office action refusing registration. The office action required LVL XIII to amend the description of the mark to indicate that it is “in fact a three dimensional configuration of a feature of the goods.” LVL XIII was also directed to disclaim the non-inherently distinctive design of the rectangular shape of the TP on the ground that “product design can never be inherently distinctive as...

Full article: http://www.jdsupra.com/legalnews/lvl-xiii-and-louis-vuitt...

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