... was found not to be inherently distinctive because the claimed trade dress ais simply a mere refinement of a basic blue interior decorating scheme. ... 40 aIn the case before us, applicant has admitted that it is common in the field to color inhalers with two colors (or with two shades of the same color). ... 38.4In re Lululemon Athletica Canada Inc., 105 USPQ2d 1684, 1689 (TTAB 2013) ( footnote omitted).
|Title||:||Guide to Ttab Practice|
|Publisher||:||Aspen Publishers Online - 2007-11|