CASE SUMMARY $24\mathrm{.}2$ In re Reed Elsevier Props., $482$ F$.3d1376($Fed$.$ Cir. $2007)$

TRADEMARKS$/$SERVICE MARKS

Reed Elsevier operates a website that allows users to identify an attorney by using a variety of criteria, including geographic location, practice expertise, and so forth. Its website

www$.$lawyers.com was first used in commerce by Reed Elsevier in $1998.$ A few years later, Reed Elsevier applied to have

lawyers.com registered as a service mark.

CASE QUESTIONS

Is the mark too generic for protection?

If the court determines the mark is primarily descriptive, what further obstacle must Reed Ely se$.$ vier overcome in order to obtain protection for se$.$ mark?