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In re Chippendales USA, Inc., 09-1370

In re Chippendales USA, Inc., 09-1370, concerned a challenge to the the Trademark Trial and Appeal Board's (Board) affirmance of the examining attorney's refusal to register plaintiff's mark as inherently distinctive, in plaintiff's application seeking to register its Cuffs & Collar mark as inherently distinctive for "adult entertainment services, namely exotic dancing for women," in the nature of live performances.  In affirming the judgment, the court held that the Board's determination that the Cuffs & Collar mark was not inherently distinctive is supported by substantial evidence, and plaintiff's additional arguments for setting aside the Board's decision are without merit.

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