Horizon Mills Corp. v. QVC, Inc.
United States District Court for the Southern District of New York
161 F.Supp. 2d 208 (2001)
Relevant factsFree
Horizon Mills (plaintiff) registered the trademark SLINKY for its acetate-spandex blend fabric, but QVC (defendant) used "slinky" to describe both that type of fabric and clothing made from it, and media and consumers had adopted the term more broadly to describe stretchy, body-hugging fabrics generally. Horizon sued for trademark infringement, and QVC moved for summary judgment, submitting over 60 media examples arguing the mark had become generic and thus unprotectable.
IssueFree
Whether a generic term is eligible for trademark protection.
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