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 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.Read More...