Scott Smith v. Gregory Kleynerman

Oral argument

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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

• concluding that the term “Appalachian Log Structures” was a primarily geographically descriptive term
• noting that three years has been determined as insufficient to establish secondary meaning
• characterizing 20 months as \very short\ and deeming it strong evidence against inferring secondary meaning
• finding $2,000,000 in gross sales as insufficient to establish secondary meaning
• geographically descriptive term lacks secondary meaning if it still primarily denotes a geographic area as opposed to a single source
• “Sales volume, though relevant, is not necessarily sufficient to indicate recognition of the mark by purchasers as an indication of the source.”

Source: CourtListener parenthetical corpus (CC0).