Attorney Publication

Feb 20, 2007

Descriptive marks allow competitive use

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In one of its few decisions dealing with trademark law, the U.S. Supreme Court confirmed in early December that competitors are free to use descriptive terms to describe their products – even if using the descriptive term could cause some confusion in the marketplace. This is an important decision because it may ultimately limit the strength afforded trademarks made of descriptive terms and give greater support to competitive use of such terms.