“Cuffs & Collars” costume worn by Chippendales dancers found to be trade dress which could be inherently distinctive for “adult entertainment services, namely exotic dancing for women”
How later courts described this case
- “Cuffs & Collars” costume worn by Chippendales dancers found to be trade dress which could be inherently distinctive for “adult entertainment services, namely exotic dancing for women”
- “once a mark has achieved incontestable status under 15 U.S.C. § 1065, it is entitled to the benefits of section 1115(b), which precludes all but a limited number of challenges to a mark’s validity or enforceability”
- noting potential hardship to children of Korean descent who speak no Korean
- eligibility for relief "therefore ma[kes] out a 'prima facie' case"
Written by the judges who cited it.
The opinion
WALLACE, Circuit Judge,
dissenting:
I dissent from the majority opinion for reasons set forth in my dissent to Villena v. INS, 622 F.2d 1352 at 1362 .