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"DRUMLINE LIVE" Merely Descriptive of Musical Performances, Says TTAB

It's time to add another WYHA case to our collection. Would you have appealed the mere descriptiveness refusal of DRUMLINE LIVE for "entertainment services in the nature of live musical performances"? Applicant Halftime Live LLC did just that, but the arguments it drummed up fell on deaf ears. In re Halftime Live LLC, Serial No. 77144094 (February 6, 2009) [not precedential].Examining Attorney Mark Sparacino relied on Internet evidence and a Wikipedia entry for "drumline" in maintaining that a drumline is "a group of percussion instruments usually played as part of a marching ensemble." He reasoned that, since Applicant's recitation of services covers "live" musical performance, DRUMLINE LIVE is merely descriptive of Applicant's musical performances...continue to full post

Full post as published by The TTABlog on February 26, 2009 (boomark / email).