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Zobmondo Entertainment LLC v. Falls Media LLC

United States Court of Appeals for the Ninth Circuit

602 F.3d 1108 (2010)

Summary
Procedural History
Judicial Opinion
Citations

A trademark that is merely descriptive and has not acquired a secondary meaning is not entitled to trademark registration.

Relevant Facts

Falls Media LLC (plaintiff) published books using the phrase “WOULD YOU RATHER…?”. Zobmondo (defendant) also used this phrase for board games and books. When Falls Media began selling a board game with the phrase, Zobmondo brought suit, followed by a countersuit from Falls Media for trademark infringement. The district court ruled the phrase not entitled to trademark protection as merely descriptive and granted Zobmondo summary judgment.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 8, 2023

Judicial Opinion

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Procedural History

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Citations

602 F.3d 1108 (2010)

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