Legal Opinion

In Re Chippendales Usa, Inc.

Court of Appeals for the Federal Circuit

Decided October 1, 2010No. 2009-1370PublishedCited by 71 opinions

1Opinion of the Court

DYK, Circuit Judge.

Appellant Chippendales USA, Inc. (“Chippendales”), appeals a decision of the Trademark Trial and Appeal Board (“the Board”). The Board affirmed the examining attorney’s refusal to register the “Cuffs & Collar Mark” as inherently distinctive. We affirm.

Background

The applicant, Chippendales, is in the business of providing adult entertainment services for women. It opened its first strip club in Los Angeles in 1978. In 1979, Chippendales performers began wearing an abbreviated tuxedo — wrist cuffs and a bowtie collar without a shirt — as part of their act. This costume,…

2Cases cited29 opinions

  1. Sosna v. IowaSupreme Court of the United States · 1975
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  4. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  5. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985

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3Cited by71 opinions

  1. St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
  2. Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.Court of Appeals for the Eleventh Circuit · 2012
  3. Real Foods Pty Ltd. v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2018
  4. Munchkin, Inc. v. Luv N' Care, Ltd.Court of Appeals for the Federal Circuit · 2020
  5. In Re: North Carolina LotteryCourt of Appeals for the Federal Circuit · 2017

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