United States Federal Circuit

A decision of the United States Patent and Trademark Office sustaining a refusal of an examiner to register a trade dress mark for clothing is affirmed where substantial evidence supported a finding that the trade dress was product design and that the trade dress was not unitary.

Appellate Information

• Decided 03/21/2006
• Published 03/21/2006

Judges

• Before LOURIE, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Anthony L. Fletcher, Fish & Richardson P.C., of New York, New York, argued for appellant., Cynthia C. Lynch, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the Patent and Trademark Office.   With her on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor.