13.1.2.2.5 Validity - Generic Trademark/Trade Dress

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-13-1-2-2-5
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 13.1.2.2.5 Validity — Generic Trademark/Trade Dress is a type of validity test that determines whether a mark or design has become generic or generalized, and is therefore no longer legally protected under trademark law. Generic marks or designs are those which have become so popular or widely used that they have lost their distinctiveness and can no longer be distinguished from other products or services. Examples of generic trademarks or trade dress include words or designs that are so common they can no longer be associated with a particular product or service, such as "aspirin" or the red and white checkered design associated with picnic tables. There are two types of generic trademark/trade dress validity tests: the primary use test and the public perception test. The primary use test evaluates whether the mark or design is still in use by the originator, while the public perception test considers whether the public associates the mark or design with a particular source.

13.1.2.2.5 Validity — Generic Trademark/Trade Dress is a type of validity test that determines whether a mark or design has become generic or generalized, and is therefore no longer legally protected under trademark law. Generic marks or designs are those which have become so popular or widely used that they have lost their distinctiveness and can no longer be distinguished from other products or services. Examples of generic trademarks or trade dress include words or designs that are so common they can no longer be associated with a particular product or service, such as "aspirin" or the red and white checkered design associated with picnic tables. There are two types of generic trademark/trade dress validity tests: the primary use test and the public perception test. The primary use test evaluates whether the mark or design is still in use by the originator, while the public perception test considers whether the public associates the mark or design with a particular source.