Mil-Mar Shoe Co., Inc. v. Shonac Corp.
United States Court of Appeals for the Seventh Circuit
75 F.3d 1153 (1996)
Relevant factsFree
Mil-Mar Shoe Company (plaintiff) operated a chain of stores under the name 'Warehouse Shoes' and sought a temporary restraining order and preliminary injunction against Shonac Corporation (defendant), which planned to open a competing 'DSW Shoe Warehouse' store in the same region; the district court granted the preliminary injunction, and Shonac appealed, arguing 'Warehouse Shoes' was a generic term ineligible for trademark protection.
IssueFree
Whether a word or term that is used in a manner consistent with its common meaning will likely be held to be generic and therefore ineligible for trademark protection.