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CAFC Affirms TTAB: Chippendales' "Cuffs & Collar" Mark Not Inherently Distinctive

The U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision [TTABlogged here] holding that Chippendales' "Cuff & Collar" costume mark is not inherently distinctive for "adult entertainment services, namely exotic dancing for women." Applying the Seabrook test for product packaging, the CAFC agreed with the Board that the Chippendales' mark is mere variant or refinement of the "pervasive Playboy mark, which includes the cuffs and collar together with bunny ears." In re Chippendales USA, Inc., Appeal No. 2009-1370 (Fed. Cir., October 1, 2010) [precedential]. [Oral argument TTABlogged here].Slightly modified versionMootness?: The court first considered whether the fact that Chippendales already has a Section 2(f) registration for this mark renders the question moot...continue to full post

Full post as published by The TTABlog on October 05, 2010 (boomark / email).