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"Disinfectable" Is Generic

By Mark VB Partridge

Wouldn't life be different if your clients started with a protectable mark?

A recent case decided by the 9th Circuit is a good example.  Rudolph International Inc. v. Realys, Inc., 82 U.S.P.Q.2d 1375 (9th Cir. 2007).

The plaintiff started using the term "disinfectable" for nail files in April 2001.  The term was used as a descriptor with established brand names such as SOFT TOUCH, LES MIRAGES and QUADMETRICS.  The company's founder advocated industry use of the term to replace "sanitizable."  An application for trademark registration was rejected the Trademark Office.

These facts notwithstanding, the plaintiff brought suit against use ...

Full post as published by Guiding Rights Blog on June 14, 2007 (boomark / email).