Author: Matthew D. Asbell | Co-Author: John Heinbockel | Practices: , , | Tags: , , , , ,

GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC

In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...

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Practices: | Tags: , , , ,

A Black Hole in the Distinctiveness Continuum for U.S. Trademark Applications

Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to establish with the...

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