Oral Argument Scheduled

May 3, 2010

Wendy McGuire Coats

discuss
August 9, 2010toAugust 13, 2010

Oral Argument Scheduled:  August 9-13, 2010

San Francisco

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  • Oral Argument Scheduled

    Oral Argument Scheduled:  July 12-16, 2010 Portland, Seattle, Pasadena & San Francisco

    Wendy McGuire Coats

  • Oral Argument Scheduled

    Oral Argument Scheduled:  June 7-11, 2010 Portland & Seattle

    Wendy McGuire Coats

  • Oral Argument Scheduled

    Oral Argument Scheduled:  May 3 - 7, 2010 Portland, Seattle, and Pasadena

    Wendy McGuire Coats

  • “WOULD YOU RATHER . . . ?” The Ninth Circuit Explores the Gray Middle Ground Between Descriptive and Suggestive Trademarks

    April 29,2010

    The Ninth Circuit issued a unanimous decision (Cir. Judges Gould, Ikuta, N. Randy Smith) this week in a trademark and unfair competition lawsuit that, while not ground breaking, illuminates many aspects of the line between descriptive and suggestive trademarks.  In Zobmondo Entertainment LLC v. Falls Media, LLC, No. 08-56831 (9th Cir. 2010) (full opinion available here), the Court reversed a district court’s decision to invalidate a mark due to it being “descriptive” as a matter of law.  The Court addressed two competing game and book publishers whose products are marked or identified as “WOULD YOU RATHER  . . . ?”  As described by the Court, both companies’ products incorporate questions posing humorous, bizarre or undesirable choices.  As an example: “Would you rather be able to expedite the arrival of an elevator by pressing the button multiple times or have the ability to sound incredibly natural and sincere on answering machines?”

    (read more)

    Matthew A. Berliner

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