On September 30, 2013, Bottega Veneta, the esteemed Italian luxury brand, achieved a legal victory when the U.S. Patent and Trademark Office granted trademark protection for its distinctive ‘intrecciato’ weave design. This pattern, now synonymous with the brand, has become a recognizable source identifier on its own, even without the need for a logo. The decision marked a significant milestone for luxury brands seeking to protect their signature design elements.

The Initial Rejection

Bottega Veneta first applied for trademark protection in 2009, but its application was rejected. The USPTO stated that the weave was ornamental and functional, meaning it was used primarily for aesthetic appeal and not as a trademark. Trademark law does not allow for the registration of designs deemed “aesthetically functional.” A feature is considered functionally aesthetic if it is used because it enhances the product’s appearance and that’s its primary purpose. This was a point of contention in the Louboutin v. Yves Saint Laurent case, where Yves Saint Laurent argued that the red sole on Louboutin shoes was an ornamental feature and could not be trademarked.

Bottega Veneta appealed the decision, narrowing its application to a specific version of the weave. The brand described the design as a configuration of slim, uniformly sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or basket weave pattern placed at a 45-degree angle over all or substantially all of the goods.

Proving Distinctiveness

To overcome the rejection, Bottega Veneta had to prove that the weave had acquired distinctiveness. This means that consumers associate the design with the brand and view it as a source identifier. The company submitted extensive evidence, including media coverage, consumer statements, and an advertising budget of $22.9 million between 2005 and 2009. The company also pointed out that 80% of its products featured the weave design.

The TTAB (Trademark Trial and Appeal Board) agreed with Bottega Veneta’s argument, stating that the weave had indeed acquired distinctiveness. The board ruled that the pattern was now recognized by consumers as a source of Bottega Veneta’s goods.

The Decision

The TTAB’s decision was based on a very narrow application. The trademark only protects the specific design described in the application and does not extend to other weave patterns. The ruling means that Bottega Veneta has exclusive rights to the exact pattern it uses, but it does not prevent others from using similar designs with different features, such as wider strips, non-leather materials, or different weaving techniques.

The TTAB also made it clear that this decision would not affect the use of similar designs made from non-leather materials, ensuring that Bottega Veneta’s trademark does not stifle competition for other woven designs.

Fashion Industry Implications

This decision is a win for brands looking to protect distinctive design features. While copyright and design rights offer some protection, they do not easily cover elements that are not directly related to logos or other trademark features. The Bottega Veneta case illustrates that fashion brands can secure trademarks for key design elements, giving them the ability to protect their signature styles from being copied.

The ruling could open the door for other fashion brands to register their own signature design elements as trademarks. With fast fashion constantly copying popular designs, this decision allows luxury brands to maintain their identity and exclusivity while ensuring that their designs cannot be easily replicated.

Conclusion: A Case for Protecting Fashion Design

Bottega Veneta’s victory marks a landmark moment in fashion law. After facing significant challenges, the brand secured trademark protection for its iconic weave design, setting a precedent for other luxury brands. However, proving trademark rights in fashion designs remains difficult unless the design is highly distinctive. This case illustrates the importance of protecting unique design elements in fashion and could encourage more brands to seek trademark protection for their signature styles.

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Sources:

1.https://www.mondaq.com/unitedstates/trademark/286670/no-logo-required-bottega-veneta-secures-weave-trademark
2.https://www.lexology.com/library/detail.aspx?g=2984a5f9-4a53-441c-b12c-c4c04b22d36b 3.https://casetext.com/admin-law/bottega-veneta-international-sarl