In Re Loew's Theatres, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the PTO, in making its prima facie case that a mark is primarily geographically deceptively misdescriptive, must establish a “reasonable predicate” for its conclusion that the public would be likely to make the goods/place association in question
• finding evidence from a gazetteer and dictionary showing that tobacco is a crop produced and marketed in Durango, Mexico sufficient to establish a prima facie goods/place association
• examining attorney could properly refuse registration on ground that DURANGO for chewing tobacco is primarily geographically deceptively misdescriptive, even though applicant owned incontestable registration of same mark for cigars
• the examining attorney “does not have means” to undertake the research, such as a marketing survey, necessary to prove that the public would actually make the goods/place association asserted
• the examining attorney “does not have means” to undertake the research, such as a marketing survey, necessary to prove that the public would actually make the goods/place association asserted
• evidence that tobacco is one in a short list of crops produced and marketed in Durango, Mexico sufficient to establish the public would expect applicant’s chewing tobacco to originate there

Source: CourtListener parenthetical corpus (CC0).