In Re Nett Designs, Inc.

How courts have described this case

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

• holding ULTIMATE BIKE RACK merely descriptive of “bicycle racks” despite the presence of “ultimate” without a disclaimer in other marks on the Principal Register
• looking at applicant’s advertising brochures in connection with determining whether consumers would perceive mark as descriptive
• finding little persuasive value Case: 22-1178 Document: 24 Page: 5 Filed: 06/10/2022 IN RE: A. ZETA S.R.L. 5 in similar registrations, which do not bind Board or this Court, since each mark must be reviewed on basis of appli- cation at issue
• finding little persuasive value Case: 22-1178 Document: 24 Page: 5 Filed: 06/10/2022 IN RE: A. ZETA S.R.L. 5 in similar registrations, which do not bind Board or this Court, since each mark must be reviewed on basis of appli- cation at issue
• “Any competent source suffices to show the relevant purchasing public’s understanding of a contested term or phrase.”
• THE ULTIMATE BIKE RACK is “a laudatory descriptive phrase that touts the superiority of Nett Designs’ bike racks”

Source: CourtListener parenthetical corpus (CC0).