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The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.

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Posted On Nov - 12 - 2013 Comments Off READ FULL POST
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