Best of 2005: The Trademark That’s Too Good to be a Trademark

Posted on December 26, 2005.

10 Years of LIKELIHOOD OF CONFUSION®
10 Years of LIKELIHOOD OF CONFUSION®

That’s what a generic mark is. The TTAB Blog reports that the TTAB has ruled that Lawyers.com, the consumer interface for the Martindale-Hubbell law directory, cannot be registered as a trademark for “providing an online interactive database featuring information exchange in the fields of law, legal news and legal services…”

John Welch writes, “It took the Board 29 pages to explain this seemingly inevitable result …” — inevitable to the commonsensical among us, yes, but maybe not to the narcisstic world of brand management and rent-seeking that rules the roost in public discussion of trademark. Hat tip to Evan Brown.

Ron Coleman