1. Should Custom have waited until they sold more of this product before they registered Work-N-Play as a trademark?
2. Why must a descriptive mark acquire a secondary meaning in order to have protection?

Custom registered the trademark “Work-N-Play” for their van designed to be both a mobile office and, upon conversion, a camper. Later, Forest River manufactured a van with a ramp door from the rear cargo section that had space fitted for a snowmobile, motorcycle, or ATV, and they named the van “Work and Play” (without registering it as a trademark). Custom filed suit for trademark infringement, but the district court held that no infringement had taken place.

  • CreatedNovember 06, 2014
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