Is the Diamond Cutter A Valid Trademark?
First, we must look at the subject of DDPs claims, his Diamond Cutter hand gesture, to see if it is a valid trademark. It is, first, important to note that even if DDP has not registered the Diamond Cutter as a trademark, the sign may still garner trademark protection if certain conditions are met. In trademark law, the Diamond Cutter can be classified as a symbol that uses a geometric shape, a diamond, in an attempt to commercially market and identify its source, DDP. Traditionally, ordinary geometric shapes such as circles, ovals, and squares are considered non-distinctive; they are protectable only upon a showing by DDP of secondary meaning. However, uncommon or unusual shapes or symbols can be regarded as inherently distinctive and, thus, protectable. Here, the diamond cutter symbol is based on the formation of a diamond shape using ones thumbs and index fingers. Although the diamond cutter gesture does feature ones remaining fingers in a spread out fashion, it is questionable at b
