In re Slokevage
United States Court of Appeals for the Federal Circuit
441 F.3d 957 (2006)
Joanne Slokevage (plaintiff) applied to register a mark consisting of two back cutouts on a garment with snap-back flaps and a "Flash Dare!" label; the trademark examiner rejected the application as trade dress product design ineligible for inherent distinctiveness, and Slokevage argued the configuration wasn't product design and submitted no evidence of acquired distinctiveness. The Trademark Trial and Appeal Board affirmed the rejection, and Slokevage appealed.
Whether trade dress consisting of design elements common to an overall design for a clothing line constitutes product design, which cannot be inherently distinctive absent a showing of acquired distinctiveness.