Chippendales - Legal Affairs

Legal Affairs

The company continues to battle similar male revues in the courts. Chippendales successfully registered its "Cuffs and Collar" uniform as a trademark in 2003. However, because this registration was based on "acquired distinctiveness," Chippendales filed a subsequent application for the same mark in an effort to have the mark recognized as being inherently distinctive. The Trademark Trial and Appeal Board affirmed the decision of the examiner that the mark was not inherently distinctive with one member of the panel dissenting. The Trademark Trial and Appeal Board noted that its decision in no way detracted from the rights flowing from the registration in 2003: "However, the fact that applicant already owns an incontestable registration for the Cuffs & Collar Mark should serve as no small consolation in spite of our decision here."

On October 1, 2010, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board. Nothing in that decision affected the validity of the 2003 registration. One of the reasons for upholding the decision was the testimony of Chippendales' own expert, who admitted the male dancers' outfits were "inspired" by those of the Playboy Bunny, who also feature a bow-tie and shirt cuffs. In April 2011, St. Joseph, Missouri, police shut down a show by a Chippendales impostor group, alleging that it violated Missouri's adult entertainment laws.