Has Solid 21 achieved secondary meaning in term RED GOLD, a form of gold with high copper content, used for luxury watches. Whether Richemont used the term descriptively will be question for jury, summary judgment denied.
Distinctiveness
Text of Fed Circ Decision in Royal Crown v Coke in COKE ZERO Case
By Marty Schwimmer on
Royal Crown opposed various applications by Coke to register terms that included the word ZERO, on grounds of genericness (or, in the alternative, that the terms were highly descriptive and Coke had not shown a sufficient degree of secondary menaing in the term).
The court instructed the Board to consider, on remand, whether ZERO is…