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Seldom does a product configuration clear the Section 2(f)
hurdle, and this Timberland boot design joined the list of losers.
The Board affirmed a refusal to register on the ground that the
proposed configuration mark (drawing below) for footwear,
namely, lace-up boots lacked acquired
distinctiveness.
In re TBL Licensing LLC, Serial No. 86634819 (April 2,
2021) [not precedential] (Opinion by Judge Jyll Taylor).
The boot design at issue includes a bulbous toe box,
a tube-shaped ankle collar, a two-toned outsole,
an hourglass-shaped rear heel panel, and other elements. Of course,