As summarized by John Welch on his TTABlog:

"TBL's secondary meaning survey evidence was seriously flawed: first, the stimuli used in the survey were photographs of the TBL boot, not the drawings from the trademark application; second, the survey did not use 'the tried-and-true accepted questions and progression deemed key to determining acquired distinctiveness;' and third, the control looked nothing like TBL's boot."

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