Monthly Archives: October 2010

Inherent Distinctiveness vs. Secondary Meaning: Chippendales Fights On Despite Setbacks

The U.S. Court of Appeals for the Federal Circuit (CAFC) has affirmed the decision of the Trademark Trial and Appeal Board (TTAB) that Chippendales’ “Cuffs & Collar” trade dress (pictured below) is not inherently distinctive for “adult entertainment services, namely, exotic dancing for women in the nature of live performances.” In re Chippendales USA, Inc., No. 2009-1370 (Fed. Cir. October 1, 2010) (PDF).

For nearly ten years,… More

Update: Parallel Imports: Trademarks, Copyrights, and the Supreme Court

The stage has been set for an issue important to brand-owners and importers alike, the importation of parallel imports or “gray market” goods, to be addressed by the Supreme Court early in the high court’s October 2010 Term. Oral argument for Costco Wholesale Corporation v. Omega, S.A., No. 08-1423 has been scheduled for Monday, November 8, 2010.

Case Summary: Omega authorized the foreign manufacture and sale of watches bearing a symbol protected by a U.S.… More