Iconic Timberland Boots – Business Worthy Outfit?
by Dennis Crouch
Timberland sold its iconic boots in 1973, almost 50 years ago. In fact, at the time, the company name was Abington Shoes, but quickly changed its name to Timberland Boot due to popularity. Timberland has not patented or registered a copyright on the design and the market is full of copying boots.
In recent years, Timberland has attempted to register the shape of the boots as protectable trade dress. However, the USPTO’s Trademark Trial & Appeal Board (TTAB) denied the claim, finding that the company had failed to demonstrate that the shape of the boot had acquired secondary significance to consumers. The examiner had also rejected the trade dress registration because it was not functioning properly, but the TTAB did not address this issue.
In a new lawsuit, Timberland asked a district court judge to overturn those rulings and find the trade dress to be distinctive and registrable.
Complaint: TBL recording TM on Timberlands
Should Timberland be allowed to register a trademark (Trade Dress) on its “iconic Timberland boot”?
Pending prosecution in TBL Licensing v. Hirshfeld (EDVA).
Read the complaint: https://t.co/GOS65fmvK8 pic.twitter.com/sldUCc5eHU
– Dennis Crouch (@patentlyo) July 8, 2021
In its brief, Timberland provides examples of other forms of commercial footwear that have been recorded, including the classic low-top Converse sneakers.