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Gerald M. Levine
Levine Samuel, LLP
130 West 42nd Street,
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New York, NY 10036
(212) 596-0851Trademark Databases
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Trademark and Domain Name News
Tag Archives: Brand protection
Common Word Trademarks Owned by Major Brand Complainants: How Protectable?
Common word trademarks, PRICELESS for example, are no less common for being owned by a major brand complainant and no more protectable from others using identical or confusingly similar words in their ordinary senses than if they were owned by parties of no market stature. As a complainant’s choice descends the scale, the less protectable the trademark. It is not as though common words never ascend in strength. They can when selected as arbitrary signs. The distinctiveness of APPLE, ORANGE and BLACKBERRY (to take only fruit names) is not because the owners are recognized in the marketplace as sources of produce.
The point about commonness and weakness is made in a duo of decisions by the same Panel, Mastercard International … Read the rest
Posted in Abusive intent, Complainant "in mind", Cybersquatting / Not cybersquatting, Likelihood of confusion, Para. 4(a)(ii) of the Policy, Paragraph 4(c) of the Policy, Reputation in the marketplace, Speculating / Monetizing, Targeting / Not targeting, UDRP Rule 10(d) (evidence)
Tagged Brand, Brand protection, Goods and services, Trademark description
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