Zobmondo Entertainment LLC v. Falls Media LLC
United States Court of Appeals for the Ninth Circuit
602 F.3d 1108 (2010)
Relevant factsFree
Falls Media (plaintiff/counter-defendant) published books using the phrase 'WOULD YOU RATHER...?'; Zobmondo (defendant/counter-plaintiff) used the same phrase for board games and books. When Falls Media released a competing board game, litigation and cross-litigation over trademark rights followed; the district court found the phrase merely descriptive, lacking secondary meaning, and granted Zobmondo summary judgment.
IssueFree
Whether a trademark that is merely descriptive and has not acquired a secondary meaning is entitled to trademark registration.
Related cases
Zatarain's, Inc. v. Oak Grove Smokehouse, Inc.698 F.2d 786 (5th Cir. 1983)Security Center, Ltd. v. First National Security Centers750 F.2d 1295 (5th Cir. 1985)In re The Boston Beer Co.198 F.3d 1370 (1999)Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.696 F.3d 206 (2d Cir. 2012)Peaceable Planet, Inc. v. Ty Inc.362 F.3d 986 (2004)