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IN RE SLOKEVAGE

No. 05-1389.

441 F.3d 957 (2006)

In re Joanne SLOKEVAGE.

United States Court of Appeals, Federal Circuit.

March 21, 2006.

Attorney(s) appearing for the Case

Anthony L. Fletcher, Fish & Richardson P.C., of New York, New York, argued for appellant.

Cynthia C. Lynch, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor.

Before LOURIE, GAJARSA, and LINN, Circuit Judges.

DECISION

LOURIE, Circuit Judge.

Joanne Slokevage ("Slokevage") appeals from the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board ("Board") sustaining the refusal of the examiner to register her trade dress mark for clothing. In re Joanne Slokevage, Serial No. 75602873 (TTAB Nov. 10, 2004) ("Final Decision"). Because the Board's finding that Slokevage's trade dress was product design and thus could...

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