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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
Yes! If a trademark becomes too common or is used generically, it can lose its distinctiveness. Think of 'Xerox' – many use it to mean copying, but it was originally a specific brand.
If a trademark isn’t distinctive, it may not be protected under trademark laws, leaving it open for others to use. That could lead to brand confusion and a loss of customers.
Distinctiveness is key because it helps consumers recognize and differentiate brands. A trademark that stands out can protect the brand’s identity and reputation.
Courts look at the nature of the trademark itself and how it relates to the product. If it's distinctive enough to set the brand apart without needing proof of secondary meaning, it’s considered inherently distinct.
Suggestive trademarks hint at the qualities or characteristics of a product but require some imagination to make the connection. For instance, 'Coppertone' suggests a tan without directly saying anything about sunscreen.
Arbitrary trademarks use real words that have nothing to do with the product they represent. For example, 'Apple' for computers is arbitrary because the word apple has no relation to technology.
Fanciful trademarks are made-up words that have no meaning until they are associated with a brand. Think of something like 'Kodak' – it’s a name with no connection to photography until you know the brand.