Case: Trademarks/Secondary Meaning (E.D. Pa.)

A father’s motion for summary judgment is denied by a federal district court in Pennsylvania in this trademark infringement and unfair competition action against his son. The father, who uses the mark “Joseph Giannone Plumbing Heating,” contests his son’s use of “Joseph Giannone Plumbing Heating Air Conditioning.” Even though the father registered the marks at issue with the U.S. Patent and Trademark Office, his son timely contested their validity, such that the father must make an additional showing that the marks have developed secondary meaning in the minds of consumers, which he failed to do, according to the court. The ...