The legal saga between VirgilAbloh and the U.S. Patent and Trademark Office (USPTO) continues after a new report suggests that Off-White's July 2018 application to trademark its signature red zip tie has hit another setback.

According to The Fashion Law, the USPTO's examining attorney, Linda M. Estrada has stated that the signature detail is functional, which barred it from registration since “functional matter cannot be protected as a trademark.” Estrada has also indicated that Off-White’s use of the red color on the zip tie, which the brand claims as part of the trademark, is “not inherently distinctive,” suggesting that it's not automatically capable of identifying the source of a product. The detail has been featured on his own Off-white foorwear and apparel as well on his ongoing Off-White x Nike collaborations.