Quoted

April 15th, 2022

TTAB Decision Reminds Brand Owners To Watch Their Words

IP Litigation and Trademark Partner Craig Whitney is quoted in the article, “TTAB Decision Reminds Brand Owners To Watch Their Words” published by Law360. The article discusses the Trademark Trial and Appeal Board's (TTAB) decision to redesignate as precedential, a January ruling that rejected an application from fashion company Cult Gaia founder Jasmin Larian for trade dress rights on the brand's bamboo Ark bag, finding it was generic and lacked in acquired distinctiveness. Craig shares his thoughts on the new precedent and insight into what evidence the TTAB has found most persuasive. “Holding that the design of the bag — previously branded the ‘It’ bag and toted by celebrities like Beyonce and Emma Stone — is generic, the TTAB appeared ‘very persuaded’ by Larian's own statements that the Ark was a reproduction of a common Japanese bag.” Craig adds, "It's another lesson that once something appears on the internet, it's difficult for it to disappear" in reference to Larian's statements about reproducing the bag and archived pages on Cult Gaia's website describing the bag as a reproduction.

Read the full article here. (Behind paywall)