Amazing Spaces, Inc. v. Metro Mini Storage
United States Court of Appeals for the Fifth Circuit
608 F.3d 225 (2010)
Relevant factsFree
Amazing Spaces (plaintiff) trademarked a star-in-a-circle symbol used on its storage facilities, but Metro (defendant), a competitor, showed the same basic design was used by at least 63 industries and 28 other self-storage companies; the district court found the symbol lacked both inherent distinctiveness and secondary meaning and granted Metro summary judgment.
IssueFree
Whether, for a trademark to be valid, it must either be inherently distinctive or have acquired distinctiveness.
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