In this discussion of a Swiss Federal Adminisitrative Court decision holding that PEACH MALLOW is not descriptive of candy, the point is made that Marshmallows are no longer made of the Mallow plant.
If you got that right, you may be needed to testify as to secondary meaning. Story regarding the trademark suit here.
Update: WSJ Lw Blog points out that it woudl be great to attend a hearing in this suit, so that you can hear the judges and lawyers repeat the line over and over again.
Seattle Trademark Lawyer: “No Secondary Meaning for Color Mark Means No Enforceable Trademark Rights”
This Ninth Circuit decision on the word ‘DISINFECTABLE” ends with a flourish.
More about The Big Game here. Background about the NFL’s published application for The Big Game here.