George & Co., LLC v. Imagination Entm't Ltd., No. 08-1921
In a trademark infringement action regarding the name of a dice game, summary judgment for defendant is affirmed where: 1) there was no evidence that consumers linked the mark at issue to plaintiff, and such evidence is generally thought to be the most direct and persuasive way of establishing secondary meaning; and 2) plaintiff presented no meaningful evidence that defendant wished to capitalize on plaintiff's mark.
Read George & Co., LLC v. Imagination Entm't Ltd., No. 08-1921
Argued May 12, 2009
Decided July 27, 2009
Opinion by Judge Hamilton
Mark S. Sommers, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC
William Francis Krebs, Bean, Kinney & Korman, PC, Arlington, VA
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