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Trademarks: Secondary Meaning & Deception
Regarding geographic marks: using NANTUCKET shirts as the example: is the following accurate?
1. The shirts actually originate from Nantucket and the consumers believe (geographic primary significance) it comes from Nantucket=descriptive mark and secondary meaning required regardless of primary significance
2. The shirts do originate from Nantucket but no one would believe they did=secondary meaning required if their primary significance is geographic
3. The shirts do NOT originate from Nantucket and no consumer would believe they did=arbitrary mark (but secondary meaning if its primary significance is geographic?)
4. The shirts do NOT originate from Nantucket, but consumers believe they do=deceptive=no mark permitted
Posted by George Gerstein at April 29, 2006 10:43 AM in Questions
Comments
[1] Yes.
[2] Yes.
[3] Yes; if the primary significance is geographic then you're in your category 4 (primarily geographically deceptively misdescriptive).
[4] Yes.
Posted by: Polk Wagner at April 30, 2006 03:14 PM
