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The Board affirmed two Section 2(e)(1) refusals of the proposed
mark
CLEAR for footwear, lingerie, and other
clothing items, and for handbags, purses, wallets and related
items, all excluding transparent goods, finding the
term to be deceptively misdescriptive of the goods. The Board
observed that consumers are not aware of the nontransparent limitation in the application, and not
all purchases of Applicant Dolce Vita s goods are made after
direct inspection of the goods.
In re Dolce Vita Footwear,
Inc., Serial Nos. 88554717 and 88554722 (April 29, 2021) [precedential]
(Opinions by Judge Jyll Taylor).
A mark is considered deceptively misdescriptive under Section
2(e)(1) if: (1) the mark misdescribes a quality, feature, function,
Brooks intends to maintain his role as board chair following the selection of a new CEO.
In addition, Samantha Holroyd, the chair of Oasis’ nominating, environmental, social and governance committee, has been named as lead independent director during the period that Brooks is both the board chair and CEO.
Oasis is one of the top producers in the Williston Basin and primarily focuses on the Middle Bakken and Three Forks formations. Meanwhile, the company entered the Delaware Basin in December 2017 with the acquisition of Forge Energy LLC. Oasis currently focuses on the development of the oil-rich Bone Springs and Wolfcamp formations in the Delaware Basin.
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