Federal Circuit Court Decisions For Week Ending November 30, 2018
Schlafly v. Saint Louis Brewery, LLC, No. 2017-1468, Nov. 26, 2018, precedential, (3-0), U.S. Serial No. 85482562 for “SCHLAFLY” mark
- There is no law or precedent that surnames can’t be registered as trademarks so long as the surname has acquired distinctiveness under Section 2(f) of the Lanham Act.
- Consumer surveys are not required to determine distinctiveness – other types of evidence can be considered (e.g., ownership of prior registration, 5 years of substantially exclusive and continuous use, or other evidence that shows the duration, extent, and nature of the use in commerce and advertisement expenditures).