The CAFC upheld a TTAB ruling that the trademark VETEMENTS for clothing is generic and merely descriptive under the doctrine of foreign equivalents. The court cited that many Americans, including those proficient in French, would translate the term as it means 'clothes' in English. The ordinary purchaser likely associates VETEMENTS directly with the products, failing to establish acquired distinctiveness. The Board’s findings reinforced that translation is often necessary for understanding generic terms, regardless of the language skills of the consumer.
The U.S. Court of Appeals affirmed that the mark VETEMENTS is generic and descriptive due to its direct translation to clothing in English.
The court emphasized that even proficient foreign language speakers don’t require translation for generic terms, reinforcing the mark's descriptive nature.
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