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pxrty Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent Office, and shall be controlled thereby. Although the trademark is valid by virtue of having acquired a secondary meaning, only that penumbra or fringe of secondary meaning is given legal protection.
Secondary Meaning As noted earlier, descriptive terms are ordinarily not protectable as trademarks. This qualifier, which may have been perfectly adequate for purposes of the "Fish-Fri" questions, seems highly unlikely to provide an adequate sample of potential consumers of "Chick-Fri. The labels are more advisory than definitional, more like guidelines than pigeonholes. Record on Appeal, Vol.
The telephone survey also included this question: "When you mentioned 'fish fry,' did you have a specific product in mind or did you use that term to mean any kind of coating used to fry fish? We find this argument to be without merit.
Aladdin Industries, Inc. The distinction has important practical consequences, however; while a Stil term may be elevated to trademark status with proof of secondary meaning, a generic term may never achieve trademark protection.
Other food manufacturing concerns also market coating mixes. Any and all information received will be kept strictly confidential. The court also dismissed the counterclaim based on Zatarain's allegedly improper product identity labelling. Club members will be in groups for Power Hour and programming based Sfill the grade they are enrolled in the school year. II at 28, 33, Ever-Ready, Inc.
Sufficient evidence exists to support the district court's finding that "Chick-Fri" is a descriptive term; accordingly, we affirm. Oak Grove Smokehouse, Inc. The "Fair Use" Defense Dwte Zatarain's term "Fish-Fri" has acquired a secondary meaning in the New Orleans geographical area, Zatarain's does not now prevail automatically on its trademark infringement claim, for it cannot prevent the fair use of the term by Oak Grove and Visko's.
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Even were we to accept the of the survey as relevant, the result would not change. Oak Grove and Visko's apparently believed "fish fry" was a generic name for the type of coating mix they manufactured.
Courts and commentators have traditionally divided potential trademarks into four. If a term "requires imagination, thought and perception to reach a conclusion as to the nature of goods," Stix Products, F.
This final test is closely related to the question whether competitors are likely to find a mark useful in describing their products. See Holiday Inns, Inc.
As this court has rGove, the fact that a term is not the only or even the most common name for a product is not determinative, for there is no legal foundation that a product can be described in only one fashion. Zatarain's has no legal claim to an exclusive right in the original, descriptive sense of the term; therefore, Oak Grove and Visko's are still free to use the words "fish fry" in their ordinary, descriptive sense, so long as such use will not tend to confuse customers as to the source of the goods.
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A descriptive term generally relates so closely and directly to a product or service that other merchants marketing similar goods would find the term useful in identifying their own goods. Follow us on Twitter, Facebook, and visit bgcpb. In order for a registrant's mark to be deemed "incontestable," the registrant must use the mark for five continuous years following the registration date and must file certain affidavits with the Commissioner of Patents.
While none of these factors alone will prove secondary meaning, in combination they may establish the necessary link in the minds of consumers between a product and its source. Your cooperation for providing this information is both appreciated and vital.
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In the alternative, Gor moved to Arnaud as a third-party defendant under Fed. Like suggestive terms, arbitrary and fanciful marks are protectable without proof of secondary meaning. The defendants also counterclaimed for cancellation of the trademarks "Fish-Fri" and "Chick-Fri" under section 37 of the Lanham Act, 15 U. Zatarain's products are not alone in the marketplace. United Drug Co.
A generic term is "the name of a particular genus or class of which an individual article or service is but a member. The mark "Chick-Fri" has been in use only since ; it was registered even more recently, in Additionally, the court concluded that Zatarain's had produced no evidence in support of its claims of unfair competition on the part of Oak Grove and Visko's. Prior to trial, Visko's moved to dismiss Zatarain's complaint for failure to Arnaud as a party under Fed.
In addition, Oak Grove and Visko's consciously packaged and labelled their products in such a way as to minimize any potential confusion in the minds of consumers.
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This plan provides notice and ability to avoid permanent suspension. Not surprisingly, they are somewhat difficult to articulate and to apply. BGC has an emergency preparedness plan stating that in the event of an emergency part evacuation of the Teen Center, we will transport your child to the softball field at Bacon Park.