In re Chippendales USA, Inc.
United States Court of Appeals for the Federal Circuit
622 F.3d 1346 (2010)
Relevant factsFree
Chippendales (plaintiff) performers had worn tuxedo cuffs and a bowtie without a shirt ("Cuffs & Collar") since 1979, and Chippendales first registered the trade dress in 2000 based on acquired distinctiveness after five years of substantially exclusive use. In 2005, Chippendales sought registration again, this time claiming inherent distinctiveness; the examining attorney and the Trademark Trial and Appeal Board found the costume was a common type of exotic-dancer attire and, since it drew on features similar to the Playboy bunny costume, was not unique in the adult entertainment field.
IssueFree
Whether a product's trade dress is always inherently distinctive.
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