DEFENDER

Description of Design Search

The mark consists of the three dimensional trade dress design of a lower extremity ambulatory protective device in the nature of a boot for which the following aesthetic features are claimed: (a) multi-patterned bottom sole containing different textured patterns, namely, one black shaded oval with a large three-dimensional zig-zag pattern on the heel and another on the forefoot, each of which is surrounded by a second larger smooth white oval, with a shaded smooth black trapezoid between the larger ovals and a smaller three-dimensional zig-zag pattern in red surrounding the ovals and trapezoid, and three-dimensional horizontal stripes surrounding the outside border of the sole at the forefoot and heel; (b) two parallel and horizontal white and black stripes that run along the entire circumference of the device. In the lower half, the white stripe splits by the heel to create a border for a black trapezoid shape. The white and black stripes also feature three-dimensional notching patterns to the right and left of the black trapezoid. This feature is symmetrical and appears on both the inner and outer portions of the sole; (c) A gray zig-zag pattern on the back portion of the device that begins at the top of the device and travels down toward the sole, where it turns and extends horizontally to the middle of the device; (d) three-dimensional red piped border outlining the zig-zag pattern on the back portion of the device and the triple-tab shape on the front panel of the device; (e) Sixteen red three-dimensional circle cut-outs on the side of the upper portion of the device within the gray zig zag pattern; (f) seven large three-dimensional circles in a black rectangle box on the front upper portion of the device; (g) front panel of the device features a triple tab shape in black, with a gray three-dimensional piped border outlining the tabs. Each tab contains a piped three-dimensional trapezoid shape in black with a three-dimensional horizontal line in red within the trapezoid. The triple-tab shape creates two cutouts in the front panel. At the top center of the front panel, the word "DEFENDER" is displayed in red. The matter shown in broken lines, namely, the outline of the boot and the outline of the sole of the boot, do not form part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress. Except for the foregoing claimed features, the thin light gray lines indicate lining or stippling and are not claimed as a feature of the mark.