Cross Commerce Media v. Collective Inc., 15-782 (2d Cir Nov 7, 2016)

Is the mark COLLECTIVE descriptive of ‘data-driven analytics software that helps business select effective marketing opportunities on multiple electronic platforms’

Discussion begins on page 11.

Meat of discussion on page 14.

How PTO practice affects the analysis on page 17.

How third party use affects the analysis on page 18.

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