Holding that the district court's finding of secondary meaning was not clearly erroneous where Zatarain's sold 916,385 cases of Fish–Fri between 1964 and 1979
Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."
Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
15 U.S.C. § 1052 Cited 1,615 times 274 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"