TTAB Decision Reminds Brand Owners To Watch Their Words

By Tiffany Hu (April 14, 2022, 9:29 PM EDT) -- The Trademark Trial and Appeal Board's new precedential decision refusing to register a trade dress on a Los Angeles fashion brand's "Ark" handbag serves as a cautionary tale for attorneys that their clients' public statements could come back to haunt them.

On March 29, the TTAB decided to redesignate as precedential a January ruling that rejected an application from the company owned by Cult Gaia founder Jasmin Larian for trade dress rights on the brand's bamboo Ark bag, finding it was generic and alternatively lacked in acquired distinctiveness. Attorneys say the new precedent provides insight into what evidence the board seems...

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