Redbubble Keeps Win in ‘Lettuce Turnip the Beet’ Trademark Case

Jan. 20, 2021, 9:41 PM

Online print-on-demand marketplace Redbubble Inc. again defeated LTTB LLC’s claims that its sale of t-shirts and other wares with the phrase “Lettuce Turnip the Beet” infringed LTTB’s trademark rights when the Ninth Circuit affirmed Wednesday that the phrase failed to function as a trademark.

The U.S. Court of Appeals for the Ninth Circuit upheld a California federal court’s ruling that the phrase didn’t identify LTTB as the source of goods and wasn’t protected by trademark law.

Because LTTB’s federally registered marks “serve an aesthetic purpose wholly independent of any source-identifying function,” the court said they can’t be infringed.

“There is...

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