Rag & Bone Holdings Files a Trade Dress Application for the Number 44

On February 22, the retail brand Rag & Bone Holdings made a trade dress filing for the number 44.

Why would the retail brand want to make a filing for this number on the sleeve of bomber jackets?

Well, the 44th president, Barack Obama, was recently seen wearing this style of jacket at a UNC-Duke game.  Only a few days after wearing the jacket at the game (and receiving considerable press coverage) Rag & Bone applied for the ’44’ trademark.

My prediction is that the USPTO should deny this application.  This is because there is nothing in the trademark filing to show that President Obama gave the company consent to file for this trademark.  Without such consent, given that the trademark application is a clear reference to the former President (a “living individual), the application should be denied.

Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.

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