descriptiveness

Though there are cases (wrongly) finding suggestiveness when the mark alone isn’t enough to identify the goods/services, the court went with the (correct) majority view that descriptiveness is assessed from the perspective of a person who knows the context — the goods/services at issue.

Fair and balanced: battle of the credit giants Rebecca Tushnet 2009

Though there are cases (wrongly) finding suggestiveness when the mark alone isn’t enough to identify the goods/services, the court went with the (correct) majority view that descriptiveness is assessed from the perspective of a person who knows the context — the goods/services at issue.

Archive 2009-08-01 Rebecca Tushnet 2009

His research looks at the Abercrombie spectrum and in particular the role of descriptiveness.

IPSC, first plenary session Rebecca Tushnet 2009

In practice, the distinction between descriptiveness and suggestiveness is vague and arbitrary: “Chicken of the Sea” for tuna; LA for low alcohol beer; Pizza Rolls for snacks — depending on where you live, these are either descriptive or suggestive terms.

IPSC, first plenary session Rebecca Tushnet 2009

His research looks at the Abercrombie spectrum and in particular the role of descriptiveness.

Archive 2009-08-01 Rebecca Tushnet 2009

It is a drug memoir of sorts, albeit without the hardcore confessional descriptiveness of the genre.

Life by Keith Richards Sean O 2010

I say notably because the court here imposed not only the “otherwise than as a mark” requirement on the defense here, but also requirements of (1) descriptiveness and (2) fairness and good faith, even though the statutory language is more naturally read to limit those requirements to non-individual name descriptive uses.

Archive 2009-06-01 Rebecca Tushnet 2009

In practice, the distinction between descriptiveness and suggestiveness is vague and arbitrary: “Chicken of the Sea” for tuna; LA for low alcohol beer; Pizza Rolls for snacks — depending on where you live, these are either descriptive or suggestive terms.

Archive 2009-08-01 Rebecca Tushnet 2009

But I actually got used to the descriptiveness in PSS & would spend time imagining in my mind what he was describing would look like (so of course, it took me forever to finish it).

Feast Your Eyes... Lou Anders 2008

My new friend gave me a lesson in the Irish language's metaphorical descriptiveness and cascading embellishments, which was profoundly insightful.

Tamsin Smith: Carpe Clay Tamsin Smith 2010