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26 Intell. Prop. & Tech. L. J. 109 (2021-2022)
LLTB LLC v. Redbubble, Inc. 840 Fed. Appx. 148 (9th Cir. 2021)

handle is hein.journals/iprop26 and id is 121 raw text is: LLTB LLC v. Redbubble, Inc. 840 Fed. Appx. 148 (9th Cir. 2021) ADENA CHEN* BACKGROUND Plaintiff is LLTB LLC, a small business and owner of the trademarked phrase, LETTUCE TURNIP THE BEET, which the company uses on apparel it sells online. Defendant is Redbubble, Inc., the operator of a global online marketplace that allows third party users to sell their designs on myriad products. Redbubble sold products on its website bearing the LTTB trademarked phrase, LETTUCE TURNIP THE BEET. LTTB sued Redbubble for trademark infringement for the unauthorized use of its trademark. PROCEDURAL HISTORY LLTB sued Redbubble under the Lanham Act, alleging Redbubble infringed on LTTB's rights by selling products containing the trademarked phrase, LETTUCE TURNIP THE BEET. The case was brought before the United States District Court for the Northern District of California. The district court granted summary judgement for Redbubble, concluding that LLTB could not exclude others from using their mark under the doc- trine of aesthetic functionality. LLTB appealed to the 9th Circuit Court of Appeals. ISSUE Is the aesthetic nature of the trademarked phrase, LETTUCE TURNIP THE BEET, enough to overcome the aesthetic functionality doctrine's bar to valid trademark registration? DECISION The registration of, LETTUCE TURNIP THE BEET, is invalid under the aesthetic functionality bar because it serves only an aesthetic purpose and lacks any source identifying function. REASONING To prevail on a trademark infringement claim, the claimant must first show a valid trademark registration and then they must show infringement. * Adena Chen is a 2023J.D. candidate at the University of San Francisco School of Law. 109

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