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Intellectual Property Law

: Likelihood of Confusion

Hormel canned

By Ronald D. Coleman, Esq.

The evidence shows that ?spam,? in addition to being petitioner?s trademark, has a well-recognized meaning as a generic term for unsolicited commercial email; the term isused by consumers, the media, Congress, state legislatures and those who sell solutions for such unwanted email. Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à-vis respondent?s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email.

Full post as published by Likelihood of Confusion on September 20, 2010 (boomark / email).