In re The Boston Beer Co.
United States Court of Appeals for the Federal Circuit
198 F.3d 1370 (1999)
Boston Beer Co. (plaintiff) sought to register "The Best Beer in America," which it had used in advertising since 1985, arguing the phrase had acquired secondary meaning; the examining attorney and Trademark Trial and Appeal Board found the phrase merely descriptive — not generic, since there was no actual "best beer in America" award — but still refused registration because all competitors should be free to claim superiority for their own products, and no secondary meaning distinctly tied the phrase to Boston Beer specifically.
May a laudatory, descriptive term be eligible for trademark protection if the applicant shows that it refers to its product and brand distinctly from any other product in the same class?