[E-trademarks] VETEMENTS case going up to SCOTUS

[Carl Oppedahl]

Well, at least the reported managed to avoid being stupid in the usual 
way -- wrongly calling it a copyright or a patent or something.

On 9/10/2025 9:18 AM, Jessica R. Friedman via E-trademarks wrote:
>
> https://www.nytimes.com/2025/09/04/world/europe/vetements-trademark-lawsuit.html 
> 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 <http://www.literarypropertylaw.com>_
>
> 1479430908386_PastedImage
>
>
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