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(Message started by: george on Dec 12th, 2005, 7:56am)

Title: Dykes on Bikes
Post by george on Dec 12th, 2005, 7:56am
USPTO reverses finding that the trademark is disparaging.  Any thought that it may be descriptive.

Political Gateway (http://www.politicalgateway.com/news/read.html?id=5571)

Title: Re: Dykes on Bikes
Post by JimIvey on Dec 12th, 2005, 8:47am
Yeah, it's descriptive.  I don't think that's fatal, though.  What could be more descriptive that "Windows" or "Coca Cola" (for a cola beverage made from coca leaves)?

I once came across an opinion re the McDonald's mark, "two all beef patties special sauce lettuce cheese pickles onions on a sesame seed bun" from an ad campaign for the BigMac so catchy that I still remember it.  The bottom line was that the court kinda liked it, so it's not descriptive.  With sufficient cleverness and humor, descriptive appears to be okay -- it's not merely descriptive.

In the case of "Dykes on Bikes", I kinda like it.  It's got the rhyme and just a hint of self-disparagement to be tongue-in-cheek.  Has it got enough "extra" to not be merely descriptive?  I don't know.  This is one that I could see going either way.

In the cited article, Dykes on Bikes has been in use for 30 years -- not a bad case for "secondary meaning" too.

Regards.

Title: Re: Dykes on Bikes
Post by Isaac on Dec 12th, 2005, 1:20pm
I think "merely descriptive" means descriptive terms that have not attained the secondary meaning that gives them their distinguishing power.  

I don't believe that terms that have innate distinguishing power (e.g. suggestive or fanciful marks) are conventionally refered to as "not merely descriptive".  



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