| 词汇 | Trademark Or Mark3 |
| 释义 | `1`Trademark Or Mark3 `2` "Legal Lexicon": Descriptive marks have to have secondary meaning to be valid. "The basic element of secondary meaning is a mental recognition in buyers' and potential buyers' minds that products connected with the [mark] are associated with the same source." Levi Strauss & Co. v. Blue Bell, Inc., 632 F.2d 817, 820 (9th Cir. 1980). SEPARATE DISPOSITIONS OF NAMES AND MARKS Trade names and marks might require separate analyses."[A] term that is in one category for a particular product may be in quite a different one for another." Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 1976); accord Surgicenters of Am., Inc. v. Medical Dental Surgeries Co., 601 F.2d 1011, 1019 (9th Cir. 1979). It is equally likely that a term may be in one category when used as a trade name but quite another for a trade mark. A trademark represents the mark holder on "the vendible commodity to which it is affixed," while a trade name symbolizes "a business and its goodwill." American Steel Foundries v. Robertson, 269 U.S. 372, 380 (1926). The facts of Sunbeam Furniture Corp. v. Sunbeam Corp. offer an example of a case in which one term fell in different categories when used in a trade name and a trade mark. 191 F.2d 141 (9th Cir. 1951). Sunbeam manufactured appliances, including lamps. Sunbeam Furniture sold an electric lamp made by Expert Lamps, Inc. with a label saying,"This is a genuine SUNBEAM LAMP." Sunbeam sued Sunbeam Furniture for using the word "Sunbeam" in its name and its products. Id. at 143. "Sunbeam" merited protection as a mark but not a name. Sunbeam deserved protection of the word as part of a service mark for its lamps, because it successfully showed that customers confused the two brands of lamps. Id. at 144. However, Sunbeam Furniture should not be enjoined from using the word "Sunbeam" in its name because the word was common and the two companies were in separate lines of business. Id. at 144-45. A trade name and mark holder may bring analogous actions for name and mark infringement. Accuride International, Inc. v. Accuride Corp., 871 F.2d 1531, 1534 (9th Cir. 1989) POSSIBLE VALIDITY OF COMPOSITE NAMES AND MARKS Words that cannot be registered individually, may sometimes become a trademark when taken together. "[T]he validity and distinctiveness of a composite trademark is determined by viewing the trademark as a whole, as it appears in the marketplace." Official Airline Guides, Inc. v. Goss, 6 F.3d 1385, 1392 (9th Cir. 1993). A court may not review the validity of a composite-term trademark by "dissecting" the term and reviewing the validity of its component parts individually. See id. Composite marks' "validity [are] not judged by an examination of [their] parts." California Cooler, Inc. v. Loretto Winery, Ltd., 774 F.2d 1451, 1455 (9th Cir. 1985). |
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