At least they didn't try to argue that the design patent means that the design is nonfunctional: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2710661
To be "famous" under the TDRA, the mark has to be "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner."
https://www.law.cornell.edu/uscode/text/15/1125
Your mark basically has to be a "household name."
Niche fame is NOT enough.
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