A "Shoe"-In This Time, or Will They Get The Boot Again? Timberland Asks Appeals Court for Trademark Protection Over Their Iconic Footwear
Timberland is asking the Fourth Circuit Court of Appeals for trademark protection over their iconic boot (not just the name or logo of the company, but the boot itself!)
The shoe company first filed their unsuccessful trademark application to the United States Patent and Trademark Office nearly 9 years ago and have been appealing their way up the ladder since. Now, they will have to convince the Court that their boot is distinctive enough to serve as a brand, and that the design of the boot has no function.
Product configuration trademark protection is extremely hard to come by, but they are not unheard of, for shoes in particular.