Suggestive Versus Descriptive Marks | McDermott Will & Emery
Addressing the validity of, and likelihood of confusion between, two data-driven analytic software companies’ “Collective”-formative trademarks, the US Court of Appeals for the Second Circuit disagreed with the district court’s findings as to whether the marks in issue were suggestive rather than merely descriptive. Cross Commerce Media, Inc. v. Collective, Inc., Case No. 15-782 (2d Cir., Nov. 7, 2016) (Sack, J).
Collective, Inc., (CI) first contacted Cross Commerce Media (CCM) in 2011 regarding its concern over CCM’s “Collective[i]” trademark.
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