Joanne Slokevage (plaintiff) filed an application to register a mark for a clothing design configuration. The proposed mark consisted of two cutouts on the back of the garment, with attached flaps that could be snapped back over the cutouts, and a label with the words “Flash Dare!” The trademark examiner rejected the application as a trade dress product design that could not be inherently distinctive and therefore not eligible for trademark protection. Slokevage argued that the configuration did not amount to product design and did not submit any evidence of acquired distinctiveness for the design. Slokevage appealed the examiner’s refusal to register the mark, and the Trademark Trial and Appeal Board affirmed the examiner’s decision. Slokevage appealed.