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Just Because Blue Ivy Is Photographed Wearing Your Shoes Does Not Mean They Are Entitled to Trademark Protection Friday, April 23, 2021
As it turns out, advertising the same product for more than three decades does not guarantee a trademark registration on its design. Timberland learned this after the Trademark Trial and Appeal Board (TTAB) affirmed the rejection of Timberland’s product design trade dress application for its iconic work boots.
The Mark
In 2015, Timberland filed a trademark application for “lace-up boots,” consisting of a three-dimensional configuration having the following features:
Silhouette: The overall silhouette of the boot features a bulbous appearance in the toe cavity area;