Sunrise Jewelry Manufacturing Corp. v. Fred S.A.

175 F.3d 1322 (1999)

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Sunrise Jewelry Manufacturing Corp. v. Fred S.A.

United States Court of Appeals Federal Circuit
175 F.3d 1322 (1999)

Facts

Fred S.A. (Fred) (defendant) registered a “metallic nautical rope design” for clocks, watches, and jewelry with the U.S. Patent and Trademark Office, and the trade dress had achieved incontestable status. Sunrise Jewelry Manufacturing Corp. (Sunrise) (plaintiff) petitioned the Trademark Trial and Appeal Board (TTAB) for cancellation of the registration on the grounds that the trade dress was generic. The TTAB determined that product designs and trade dress could never be generic, because designs and trade dress are not made up of words. Therefore, the TTAB found that the incontestable mark could not be challenged on the basis that it was generic. Sunrise appealed this decision.

Rule of Law

Issue

Holding and Reasoning (Plager, J.)

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