Seton Hall Law School - Trademarks Week 2
Description
Vocal Characteristics
Language
EnglishVoice Age
Young Adult (18-35)Accents
North American (General) North American (US Midwest- Chicago, Great Lakes)Transcript
Note: Transcripts are generated using speech recognition software and may contain errors.
at issue in the trek case is whether the word trek constitutes a famous mark. The Trek bicycle company brought a delusion claim against the Thane Corporation for the Mark Orbit trek, which was used on elliptical, stationary bicycles. The court ruled that the mark was not famous because the trademark owner provided no evidence of fame. Working against a finding of fame was the suggestiveness of the mark and the lack of recognition among third parties. While the mark was inherently distinctive, the court concluded that the word trek is relatively weak and that arbitrary in its association with bicycles. Furthermore, there was no evidence of third party recognition.