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Journal of Intellectual Property Law & Practice Advance Access published online on May 20, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp081
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© The Author (2009). Published by Oxford University Press. All rights reserved

Current Intelligence

Secondary meaning must be attributed to business to afford trade mark protection under US law

Charles R. Macedo
Amster, Rothstein & Ebenstein LLP, New York, NY

OBX-Stock, Inc. v Bicast, Inc., 558 F.3d 334 (4th Cir. 2009) 27 February 2009

An arbitrary term that, through the trade mark owner's promotional activities, became recognized as a synonym for a geographic location, was not protectable under US trade mark law.

Correspondence: Email: cmacedo{at}arelaw.com

Charles Macedo is the author of The Corporate Insider's Guide to US Patent Practice, forthcoming from Oxford University Press in 2009.


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