 | Robert A. Badgley - Law - 2002 - 580 pages
...one court noted, "[a] mark has acquired secondary meaning if 'the primary significance of the term in the minds of the consuming public is not the product but the producer.' "52 The federal circuits have developed various tests for determining whether a mark has... | |
 | Jeb Barnes - Law - 2004 - 231 pages
...Biscuit Co., which provides that the manufacturer "must show that the primary significance of the term in the minds of the consuming public is not the product but the producer" (305 US Ill, 118 [1938]). Other courts ask whether the trademark refers to a "genus" of products... | |
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But to establish a trade name in the term "shredded wheat" the plaintiff must show more than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but... 
