Civil Litigation,
Intellectual Property
Sep. 26, 2019
Survey says: Not so fast in secondary meaning cases
Antonio R. Sarabia II
IP Business Law, Inc.
320 via Pasqual
Redondo Beach , California 90277
Email: asarabia2@gmail.com
In trademark cases involving a descriptive trademark which is not registered on the principal register or trade dress on products, a plaintiff must prove the trademark or trade dress has established secondary meaning in the market -- i.e., a strong reputation among customers. When representing a plaintiff in a trademark or trade dress case in which secondary meaning must be proved, many experienced attorneys consider proving secondary meaning by engaging an expert to ...
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