Electronic Frontier Foundation
9 months agoSupreme Court Sends Bad Spaniels Back to Obedience School, Leaves Rogers Test Mostly Intact
1) The Supreme Court recently reaffirmed the two-part Rogers test to determine whether a trademark is inherently distinctive. The test requires a trademark to be both conceptually and commercially distinct.
2) In the case at hand, the Supreme Court found that the mark 'Bad Spaniels' was too descriptive to be inherently distinctive and could not be registered as a trademark.
3) The Supreme Court reaffirmed that trademark law is meant to protect consumers from confusion in the marketplace and