Bloomberg Law
April 5, 2019, 2:56 PM

Full Fourth Circuit Won’t Rehear Trademark Case

Blake Brittain
Blake Brittain

The full Fourth Circuit won’t rehear a case that upheld the validity of’s trademark, the court said April 5.

The U.S. Court of Appeals for the Fourth Circuit had affirmed the mark’s validity as a combination of a generic term with a non-generic brand name because the public perceived the mark as a whole to be non-generic. The court held that “” was eligible for trademark protection as a descriptive mark that had acquired secondary meaning.

The Fourth Circuit had also upheld a grant of attorneys’ fees to the USPTO, based on a Lanham Act provision that requires the ...

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