In re General Electric Broadcasting Co., 199 U.S.P.Q. 560 (1978) p.104
SUBJECT
trademark in sound
FACTS
Company tried to trademark the sound of a ship's horn in order to tell the time on the radio station.
ISSUE
Whether sound is a protectible infringement.
RULE
If sound indacates the source of the servce, has acquired secondary meaning, then sound can be a trademark.
HOLDING
The ship horn is not a trademark here.
RATIONAL
The use of the horn has not acquired a secondary meaning and therefore cannot be protected as a trademark.
Created on: Tuesday, January 18, 2000 at 18:26:20 (PST)