Eastman Kodak Co. v. Bell & Howell Document Management Products Co., 994 F.2d 1569 (1993) p.212

SUBJECT

intent to use

FACTS

Kodak opposes D's filing of intent to use of numbers. P says they are just model numbers and then are descriptive. D says that no rule which says numbers are inherently distinctive.

RULE

Cannot determine if a number is able to be a trademark or not until we see how it is actually used. When it is in use you look to see if it is merely descriptive or not. Kodak can then file a cancellation proceeding if they think it is descriptive only.

Created on: Tuesday, February 01, 2000 at 17:56:08 (PST)