Intellectual Property Keyed to Merges
In re Nantucket, Inc
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Nantucket, Inc. applied to the PTO to register the mark NANTUCKET for its men’s shirts. Refusal to register was based on the Lanham Act, which provides that a mark is primarily geographical if it is the name of a place which has general renown to the public at large and which is a place where goods and services are known to originate as a result of commercial activity. The examiner concluded that the mark NANTUCKET was either primarily geographically descriptive or misdescriptive, depending on whether Nantucket’s shirts did or did not come from Nantucket Island. Since the shirts did not come from there, the examiner held that the mark was primarily geographically deceptively misdescriptive. Nantucket appealed, claiming that as applied to shirts, NANTUCKET was arbitrary and descriptive as there was no association with Nantucket Island in the public mind of men’s shirts.
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