Litigation partners Catherine Nyarady and Crystal Parker’s latest Intellectual Property Litigation column, “4th Circuit Upholds Denial of Trademark Registration for Timberland Boot Design,” appeared in the May 8, 2024, issue of the New York Law Journal. The authors discuss the Fourth Circuit’s affirmance of a district court decision denying trademark registration to Timberland for its boot design for lack of distinctiveness. The appellate court concluded, among other things, that it was not clear that consumer association of the boots with Timberland stemmed from the eight specific features Timberland sought to register versus other features. In light of this ruling, and absent direct evidence such as from a consumer survey, a finding of distinctiveness may be more difficult when something less than the entire product design is submitted for registration. Associate Scott Caravello assisted in the preparation of this column.
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