Intellectual Property Law
New Matter FALL 2022, VOLUME 47, EDITION 3
Content
- 2022 Dc Delegation Trip Report
- 2022 New Matter Author Submission Guidelines
- Federal Circuit Report
- Intellectual Property Rights and the Russia-ukraine War
- INTELLECTUAL PROPERTY SECTION Executive Committee 2022-2023
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2022-2023
- Intellectual Property Section New Matter Editorial Board
- Ip and Art: An International Perspective
- Letter From the Chair
- Letter From the Editor-in-chief
- Online Cle For Participatory Credit
- Protecting Trade Secrets In a Challenging Global Economy
- Quarterly International Ip Law Update
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- "UNKNOWN UNKNOWNS" AND "KNOWN UNKNOWNS": UNTETHERED TRADEMARK MONETARY REMEDIES AFTER TMA ENACTMENT AND ROMAG
- "WE DON'T DO SECTION 101 ANYMORE," THE SUPREMES
- Why Do Companies Care About Cross-border Data Processing, and What Are the Relevant Laws?
- Ttab Decisions and Developments
TTAB DECISIONS AND DEVELOPMENTS
Jane Shay Wald
Irell & Manella LLP
When A Handbag’s All The Rage Call It Ark – It’s Still A Cage And Generic (Widespread Use) Refusing ® Was No Abuse
This January 2022 case, denying trademark (trade dress) protection to an ubiquitous "bamboo cage" style handbag, was recently re-designated as precedential—a good decision for practitioners as the way a trade dress may be deemed generic is set forth in considerable detail in this decision. The Board upheld the Examining Attorney’s refusal to register Applicant’s trade dress in its handbag as generic. Alternatively, the Board found that even if the configuration were not generic, it could not be protected as it acquired no distinctiveness. It seems the Board is handing down more 50-plus page opinions in recent years, and this is one of them. This is the applicant’s drawing of the trademark sought to be registered.