Federal Circuit revives soda trademark battle over “ZERO”

Description

Abstract: When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. This article summarizes a recent opinion by the U.S. Court of Appeals for the Federal Circuit that clarified the test for so-called genericness. A brief sidebar discusses when and how a descriptive mark may acquire distinctiveness. Royal Crown Co., Inc. v. The Coca-Cola Co., No. 16-2375, June 20, 2018, Fed. Cir.