Marshall Field v. Mrs. Fields Cookies, - (1992) p.275

SUBJECT

bars to registration

ISSUE

Whether consumers would be confused by Marshall Field and Company and Mrs. Field cookies.

RATIONAL

Although both stores in shopping malls, Marshall Field's restaurants are in their own department stores and likelihood of confusion is small. There is no evidence of confusion. This helped Mrs. Fields keep the mark.

NOTES

Mrs. Field established a secondary meaning. This is how she was able to register a surname. Under § 1052(e) surnames are only registerable if they have acquired secondary meaning.

Created on: Thursday, February 03, 2000 at 18:36:41 (PST)