Trademarks Fall 2007

1) Immoral
2) Deceptive
3) Disparaging
4) Geographic Indications for Wines and Spirits
5)Confusion
6) Functionality

1) Descriptive
2) Deceptively Misdescriptive
3) Surname
4) Primarily Geographically Desciptive
5) Primarily Geographically Deceptively Misdescriptive (after 1993)

DM D S PGD
Do my duds seem particularly graphic, dude?

if it is essential to the use or purpose of the article or if it affects the cost or quality of the article

1. Patent
2. Advertisements, touting functionality
3. availabilty of Other designs
4. Facts showing it makes it cheaper

FOPA - pronounced Faux Pas

such protection would impede competition by affording a patent-like monopoly to functional designs without regard to whether the requirements of patent law had been satisfied

(1) it misdescribes the goods or services to which it is affixed, and (2) if the public is likely to believe the misdescription to be true

deceptive marks affect purchaser's decision to purchase

A mark is considered immoral or scandalous if a “substantial composite of the general public” would regard it as offensive