Upholding finding that "lawoffices.net" lacked secondary meaning without evidence of consumer survey or market share and with evidence of $2,500 in advertising costs and $200 in revenue
Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes
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).
157 F. Supp. 2d 1084 (N.D. Cal. 2001) Cited 6 times
Concluding that status as one of the top 500 websites that attract the most unique visitors indicates only "that a large number of Internet users visit plaintiff's web site" and "does not provide any reasonable inference . . . that these users perceive plaintiff's domain name as a brand name"
Holding that a magazine title, "Classroom," was descriptive because it "immediately conveye[d] that the magazine is concerned with matters relating to teachers and students"
15 U.S.C. § 1052 Cited 1,616 times 275 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"