Zobmondo Entertainment LLC v. Falls Media LLC

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.

Whether a trademark that is merely descriptive and has not acquired a secondary meaning is entitled to trademark registration.