The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a:
“configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or basket weave pattern placed at a 45-degree angle over all or substantially all of the goods.”
Previously, registration was refused based on the grounds that the proposed mark was both functional and solely ornamental. However the volume of evidence presented was able to persuade the TTAB that the particular Bottega Veneta weave design is recognized by consumers as a trademark for the applicant’s goods and therefore the following decision was announced:
“We reverse the refusals on the grounds that the mark is functional and is merely ornamentation, and find that applicant has demonstrated that the design has acquired distinctiveness as a trademark. We also repeat our previous statement that our finding that the design is not aesthetically functional is based on a very narrow reading of the proposed mark, and the scope of protection to which it is entitled.”
This ruling comes on the heels of last year’s recognition of Christian Louboutin’s trademark on red soles (described here). With a trademark recognition verified, Bottega Veneta is now well positioned for enforcement. Should others violate that trademark, Bottega Veneta can pursue remedies such as injunction, lost profits or disgorgement of the violator’s profits, also known as unjust enrichment.
