Fiat’s trademark registrations for an automobile grille with seven vertical slots (U.S. Regis. Nos. 2,862,487; 2,161,779; 2,794,553; and 4,043,984) are invalid. The vertical slots are functional and cannot act as an indicator of source. Among other evidence of functionality, Fiat’s predecessors filed utility patents expressly touting the seven slotted grille design as functional. See, e.g., U.S. Patent No. 2,378,504.
43. Fiat’s predecessors also filed utility patents expressly touting the overall design of the historic JEEP as functional. See, e.g., U.S. Patent No. 2,278,450. As a result, its registered logo trademark, U.S. Regis. No. 4,272,873, is invalid and its unregistered claimed common law trade dress is invalid. Moreover, Fiat does not assert that Mahindra uses any two dimensional trademark incorporating the sillouette of an automobile, or that any of Mahindra’s trademarks are confusingly similar to the ‘873 Mark. Thus, Mahindra cannot and does not infringe the ‘873 Mark.
44. Fiat’s trademark registrations for an automobile grille with seven vertical slots (U.S. Regis. Nos. 2,862,487; 2,161,779; 2,794,553; and 4,043,984), registered logo trademark (U.S. Regis. No. 4,272,873), and its unregistered claimed common law trade dress are also invalid because they are generic and incapable of indicating source. Upon information and belief, numerous third parties use the designs or substantially similar designs to generically indicate a “4x4” or “off-road” vehicle without reference to source.
45. Fiat’s registered logo trademark, U.S. Regis. No. 4,272,873, and unregistered common law trade dress are also invalid because they lack secondary meaning. Consumers do not understand the primary purpose of the claimed mark and/or trade dress to indicate Jeep as source because Fiat is not the substantially exclusive user of the claimed designs. Upon information and belief, numerous third parties use the designs or substantially similar designs to either identify themselves or to indicate a generic “4x4” or “off-road” vehicle without reference to source.
46. Fiat’s registered logo trademark, U.S. Regis. No. 4,272,873, and unregistered common law trade dress are also invalid because they have been abandoned due to non-use and/or acquiesence. Upon information and belief, Fiat’s claimed trademarks and trade dress are no longer used by Fiat and have not been used for more than three years.