Monster Truck Trade Dress Passes Muster

A case that underscores the distinction between trade dress for product design and trade dress for services associated with a product is explained by attorneys from Arent Fox. The Patent and Trademark Office denied a mark to Frankish Enterprises Ltd., which is the proprietor of monster truck “entertainment services” that are offered in connection with its JURASSIC ATTACK monster truck. The Trademark Trial and Appeal Board, invoking the distinction, reversed and allowed Frankish’s monster truck services its trademark.