TTAB Says Steve Madden's 'Freebird' Mark Doesn't Fly

Law360, New York (December 4, 2013, 6:10 PM EST) -- A federal trademark appeals panel ruled last week that shoe giant Steve Madden Ltd. couldn't register a trademark for his “Freebird by Steven” line of women's boots, finding it too similar to an already existing mark for “Free Bird.”

A three-judge panel for Trademark Trial and Appeal Board on Nov. 29 affirmed an examiner's refusal to register the name of Madden's brand, rejecting the shoemaker's argument that consumers could distinguish it from the “Free Bird” already held by Damo Clothing Inc. for various apparel.

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