How clear is the line between descriptive and suggestive marks? Even if a mark is descriptive, it can be protected & registered upon a showing of acquired distinctiveness. HELD DESCRIPTIVE HELD SUGGESTIVE AFTER TAN (after sunning lotion) BED & BATH (store for bedroom & bathroom items) FOOD FAIR (supermarket) JOY (detergent) PARTY AT A DISCOUNT […]
MARKS must be: DISTINCTIVE and NON-FUNCTIONAL DISTINCTIVE NON-FUNCTIONAL To be protected or to be registered, the mark must be distinctive, either inherently or via acquired distinctiveness. POLICY: Allowing competitors to use terms that describe their goods; ensuring the network value of language and standards. INHERENTLY DISTINCTIVE – registrable/protectable upon use: Fanciful (KODAK for cameras) Arbitrary […]
Review the materials in the casebook, and carefully read 15 U.S.C. 1052 (Section 2 of the Lanham Act). Using Section 2, what objections might the United States Patent and Trademark Office make to this application? What arguments might the applicant make in response? How would you rule and why? Last updated Jan. 28, 2015
Earl of Sandwich: “THE WORLD’S GREATEST HOT SANDWICH” Sign at Ft. Lauderdale airport, similar to sign at issue in TrafFix case. Is a Coke bottle trade dress packaging, trade dress design, or […]
