[E-trademarks] VETEMENTS case going up to SCOTUS
Carl Oppedahl
carl at oppedahl.com
Wed Sep 10 17:12:23 UTC 2025
By the way there is a fascinating film called "The Widow Cliquot" that
everybody should watch if they have not already.
I wonder (in the VEUVE CLIQUOT case) whether the Examiner thought to ask
whether "Cliquot" was the name of a living individual. She died in
1866, but the Examiner might not have been sure about that.
On 9/10/2025 10:23 AM, Jessica R. Friedman via E-trademarks wrote:
>
> Thanks, Susan. I didn’t have time to read the briefs. But how/ on what
> grounds? Are they saying that VEUVE CLIQUOT is descriptive because it
> describes the person who runs the company? That sounds like a serious
> stretch to me.
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail:_jrfriedman at litproplaw.com <mailto:jrfriedman at litproplaw.com>_
>
> URL: _www.literarypropertylaw.com <http://www.literarypropertylaw.com>_
>
> 1479430908386_PastedImage
>
> *From: *E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on
> behalf of Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com>
> *Date: *Wednesday, September 10, 2025 at 11:48 AM
> *To: *For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc: *Crane, Susan <susan.crane at wyndham.com>
> *Subject: *Re: [E-trademarks] VETEMENTS case going up to SCOTUS
>
> As to point 1, I don’t think the reporter made the analogy, Vetements
> did in its argument.
>
> *Susan L. Crane*
>
> *Group Vice President, Legal*
>
> *Intellectual Property, Brands & Marketing*
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> Wyndham Hotels & Resorts, Inc.
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> Susan.Crane at wyndham.com <mailto:Susan.Crane at wyndham.com>
>
> *From:*E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On
> Behalf Of *Sam Castree via E-trademarks
> *Sent:* Wednesday, September 10, 2025 11:37 AM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Sam Castree <sam at castreelaw.com>
> *Subject:* Re: [E-trademarks] VETEMENTS case going up to SCOTUS
>
> To point #3, wow, it's hard to see how the lawyers made that argument
> with a straight face. Cheers, Sam Castree, III Sam Castree Law, LLC
> 3421 W. Elm St. McHenry, IL 60050 (815) 344-6300 On Wed, Sep 10, 2025
> at 10: 20 AM Jessica R. Friedman
>
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> To point #3, wow, it's hard to see how the lawyers made that argument
> with a straight face.
>
>
> Cheers,
>
> Sam Castree, III
>
> /Sam Castree Law, LLC/
>
> /3421 W. Elm St./
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> /McHenry, IL 60050/
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> /(815) 344-6300/
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> On Wed, Sep 10, 2025 at 10:20 AM Jessica R. Friedman via E-trademarks
> <e-trademarks at oppedahl-lists.com> wrote:
>
> https://www.nytimes.com/2025/09/04/world/europe/vetements-trademark-lawsuit.html
> <https://urldefense.com/v3/__https:/www.nytimes.com/2025/09/04/world/europe/vetements-trademark-lawsuit.html__;!!Nf401RNTQFE14GfWW3o!lffxZw7-ON4JflDT22OzuxQicjbgSUBX_S0WaiCQ5dQQl-kzDCIHkiruyFoXj9YtrHk6DWQsdQxD8oltztuHspOsWTgLI9w$>
> raises a few questions for me:
>
> 1. The NY Times reporter analogizes the registration of VEUVE
> CLIQUOT, which means “widow cliquot” and refers to the company
> matriarch, for champagne, to the registration of VETEMENTS,
> which in French means clothing, for clothing. Is that an
> analogy the applicant has actually made, or is this just the
> usual ignorance of NY Times articles when it comes to IP?
>
> 2. The PTO refused registration on the ground that the mark is
> merely descriptive and that it appears to be generic. How can
> it be both?
>
> 3. The applicant’s response to the OA included the argument that
> “vetements” referred only to clothing as a category, while
> they are applying to register specific items of
> clothing:“/Although the word “clothing” may have a
> relationship to an overall category of products, it is not the
> descriptive (nor generic) term for any specific item. A
> purchaser would not say they want to “buy a clothing.”
> Further, when the mark VETEMENTS is encountered an
> observer would first have to undertake translation of the
> word, and then draw a relationship to a specific item such as
> a sweatshirt”. /I understand that we have to try any and every
> credible argument, but that one doesn’t strike me as falling
> into that category.
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail:_jrfriedman at litproplaw.com <mailto:jrfriedman at litproplaw.com>_
>
> URL: _www.literarypropertylaw.com
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