Trademark application of bare-chested man with wrist cuffs and bowtie collar was not inherently distinctive for registration.

March 31, 2011

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382T TrademarksTrademark applicant’s “Cuffs & Collar” mark for adult entertainment services, namely exotic dancing for women, which consisted of bare-chested man with wrist cuffs and bowtie collar, was mere refinement of existing trade dress within adult entertainment field, namely the Playboy bunny trademarks, and thus applicant’s mark was not inherently distinctive for purposes of registration under Lanham Act; Playboy bunny suit, which included cuffs and collar, was widely used for almost 20 years before applicant’s first use of its Cuffs & Collar trade dress, Cuffs & Collar mark was very similar to Playboy bunny costume, and Playboy brand was pervasively associated with adult entertainment.
In re Chippendales USA, Inc., 622 F.3d 1346 (Fed. Cir. 2010)