In re Lululemon Athletica Canada Inc.
United States Trademark Trial and Appeal Board
105 U.S.P.Q.2d 1684 (2013)
- Written by Philip Glass, JD
Facts
Lululemon Athletica Canada Inc. (Lululemon) sought to register a thin-line wave design that it emblazoned in a large size on the front of its garments. The design resembled piping, a term that refers to a type of aesthetic and nonfunctional folding line in a garment. A similar though considerably more stylized design appeared on other goods sold by Lululemon. The trademark-examining attorney rejected Lululemon’s application under Trademark Act §§ 1, 2, and 45 based on the design’s lack of inherent distinctiveness. Lululemon challenged the rejection, contending that the design possessed inherent distinctiveness and shared its identity with a mark Lululemon already used on other products.
Rule of Law
Issue
Holding and Reasoning (Ritchie, J.)
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