Diamond State Door Loses Trademark for Lack of Secondary Meaning

May 26, 2023, 7:26 PM UTC

“Diamond State Door” isn’t a protectable trademark because it’s geographically descriptive and lacks a secondary meaning, a Delaware federal court ruled.

Diamond State Door LLC alleged that Diamond State Pole Buildings LLC, through its door installation division Diamond State Overhead Doors, infringed its trademark and violated the Delaware Deceptive Trade Practices Act.

But the court sided with the defendant’s argument that the “Diamond State Door” mark wasn’t valid because it held no secondary meaning beyond geographic location.

Even though there was some evidence of brand confusion, that didn’t necessarily weigh in favor of the phrase “Diamond State” having a secondary ...

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