The Biggest Trademark Rulings of 2022: A Midyear Report

Fashion law attorney Danielle Garno was interviewed by Law360 for an article recapping the most significant trademark cases during the first half of 2022. She commented on the case In re Jasmin Larian, LLC, in which the Trademark Trial and Appeal Board (TTAB) rejected a request from Jasmin Larian, the founder of fashion brand Cult Gaia, to register the "Ark" handbag as a product design. The TTAB focused on Larian's statements that the Ark was a reproduction of a common Japanese bag in determining that the product was too generic and lacked acquired distinctiveness. Mr. Garno said one key takeaway from the case is the "importance of bringing in counsel early in the marketing process" to avoid situations like Larian's.

"When determining how a product should be marketed to consumers, it is important for a brand to consider the potential of achieving IP protection in its products and how a brand's marketing descriptions may be reviewed by the USPTO and TTAB — particularly when it becomes obvious that a product has achieved 'hero' status," she explained.

READ: The Biggest Trademark Rulings of 2022: A Midyear Report (Subscription required)