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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)


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