TTAB Holds Little Caesars Had Failed to Establish Acquired Distinctiveness in In re LC Trademarks
January 16, 2017
Authored and Edited by Paula E. Miller; B. Brett Heavner
In In re LC Trademarks, Inc., Serial No. 85890412 (TTAB Dec. 29, 2016), the TTAB held that Little Caesars® had failed to establish acquired distinctiveness for its DEEP!DEEP! DISH PIZZA mark though Little Caesars® had argued the “family of marks” doctrine to prove acquired distinctiveness for descriptive marks. Little Caesars® showed ownership of multiple registrations for “double word” marks with exclamation marks, though the Board found that the evidence was insufficient to support a finding of acquired distinctiveness either for the putative family of marks, or for the DEEP!DEEP! DISH PIZZA mark. Further discussion of the decision can be found on Finnegan’s INCONTESTABLE® Blog.
Trademark Trial and Appeal Board (TTAB), United States Patent and Trademark Office (USPTO), Food and Drug Administration (FDA)
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