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March 21, 2006

CAFED: Who wears the semi-pants?

In Re Joanne Slokevage, 05-1389.  Like most of you, I live in fear of America falling into moral decay.  This case finds that some pants are not entitled registration as a trade dress mark.  I don’t really know what that means because I was absent the day they taught IP, but I know that the opinion includes the following graphic of the pants.

Countless judicial decisions and legislative enactments have relied on the ancient proposition that a governing majority’s belief that certain sexual behavior is “immoral and unacceptable” constitutes a rational basis for regulation.

Their website says that their product is "So unique, it is patented."  I forgot how I learned about this, but DoTD has some substantive commentary as does TTABlog.  See the motion decision on reconsideration  at the PTO here.

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