13.1.2.2.3 Validity - Descriptive Trademark/Trade Dress - Acquired Distinctiveness .

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-13-1-2-2-3
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is a type of trademark validity which applies to descriptive trademarks or trade dress which have been used for a long period of time and have become associated with a certain product or business. This is known as “acquired distinctiveness” or “secondary meaning.” For a descriptive trademark or trade dress to be valid, it must have become so closely associated with a product or business in the minds of consumers that the descriptive element of the trademark or trade dress has been replaced by the identity of the product or business. A specific example of 13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is the Apple logo. Originally, the logo was simply a drawing of an apple, but over time it has become so closely associated with Apple products and services that the logo is now synonymous with the company itself.

13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is a type of trademark validity which applies to descriptive trademarks or trade dress which have been used for a long period of time and have become associated with a certain product or business. This is known as “acquired distinctiveness” or “secondary meaning.” For a descriptive trademark or trade dress to be valid, it must have become so closely associated with a product or business in the minds of consumers that the descriptive element of the trademark or trade dress has been replaced by the identity of the product or business. A specific example of 13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is the Apple logo. Originally, the logo was simply a drawing of an apple, but over time it has become so closely associated with Apple products and services that the logo is now synonymous with the company itself.