In re Slokevage
Issue of whether trade dress constitutes product design presents question of fact, since it is akin to factual determinations addressing whether trademark is inherently distinctive or whether mark is descriptive, in that examination of product packaging and design involves similar inquiry into consumer’s ability to equate product with source, and thus Trademark Trial and Appeal Board’s finding on product design issue will be affirmed if supported by substantial evidence; inquiry into whether mark is unitary is also factual determination