C’est Toi Jeans USA - a Trademark or a Country of Origin Reference?
- C'est Toi's case resulted in a more lenient application of certain country of origin marking rules.
- Trademarks in use referencing geographic location are subject to a flexible "close proximity" interpretation, regardless of registration.
Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark. This is exactly what US Customs and Border Protection (CBP) attempted to do to the jeans manufacturer JBLU, Inc., whose “C’est Toi Jeans USA” trademark had been in use, but not yet registered.
*This alert was originally posted on Arent Fox's Fashion Counsel blog. To read this alert in its entirety, please click here.