Blinded Veterans Association v. Blinded American Veterans Foundation, 872 F.2d 1035 (1989) p.385

SUBJECT

genericism

FACTS

BAVF was founded in 1985. BVA founded in 1945.

PROCEDURE

Trial court found it to be descriptive, appealate court reversed and said it was generic.

ISSUE

Whether "blinded veterans" is generic or descriptive.

RULE

Test for genericness is whether public perceives term primarily as deisgnation of the article.

HOLDING

Blinded Veterans is a generic term and not protectible.

RATIONAL

Blinded and word veteran are generic individually. In this case even together "blinded veteran" is a generic term.

Relief granted on passing off claim. BVFA similiar enough to create liklihood of consumer confusion and cause potential donors to give money thinking it was the other organization. Concern about the public being confused.

Even though the term is generic, and the second comer gets no trademark protection, the courts can still put limitations on how the mark is to be used because of the concern of protecting public from being deceived.

The initials of a generic term is still generic. An abreviation of a generic term cannot be trademarked.

Created on: Thursday, February 10, 2000 at 17:57:46 (PST)