en   ru   zh   es

UNITED STATES FEDERAL COURTS ON TRADEMARKS

1. THE PURPOSE OF TRADEMARK LAW

“[i]s to reduce the cost of information to consumers by making it easy for them to identify the products or producers with which they have had either good experiences, so that they want to keep buying the product … or bad experiences so that they want to avoid the product or the producer in the future.“. W.T. Rogers Co. v. Keene, 778 F.2d 334 (7th Cir. 1985).

2. DEGREE OF USE REQUIRED FOR TRADEMARK PROTECTION

To acquire trademark rights there has to be an "open" use, that is to say, a use has to be made to the relevant class of purchasers or prospective purchasers since a trademark is intended to identify goods and distinguish those goods from those manufactured or sold by others. There was no such "open" use rather the use can be said to be an "internal" use, which cannot give rise to trademark rights [in Farah’s sending 12 pairs of slacks to its regional sales managers]. … The gist of trademark rights is actual use in trade. … Though technically a "sale", the … shipment was not "publicly distributed" within the purview of the Texas statute.”Blue Bell, Inc. v. Farah Mnfg. Co., Inc., 508 F.2d 1260 (5th Cir.1975).

3. DISTINCTIVENESS OF TRADEMARKS

We disagree … that [distinction between suggestive and descriptive marks] is a distinction without a difference, although it is often a difficult distinction to draw and is, undoubtedly, often made on an intuitive basis rather than as the result of a logical analysis susceptible of articulation. This only emphasizes the need to give due respect to the determinations of the patent office if the distinction is to be drawn in a consistent manner.” Union Carbide Corp. v. Ever-Ready Inc., 531 F.2d 366 (7th Cir. 1976).

4. IMPERMISSIBLE DECEPTIVE MARKS

“[A mark is deceptive] when an essential and material element is misrepresented, is distinctly false, and is the very element upon which the customer relies in purchasing one product over another.”  Gold Seal Co. v. Weeks, 129 F.Supp. 928 (D.D.C. 1955).

REQUEST YOUR CONSULTATION TODAY!

© Valery Milgrom, 1997 - 2012

Disclaimer: This website is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Web hosting by Somee.com