In re Miracle Tuesday, LLC, No. 11-1373 (Fed. Cir. 2012)
Annotate this CaseMT filed an application with the Patent and Trademark Office, to register the mark JPK PARIS 75 in connection with sunglasses, wallets, handbags and purses, travel bags, suitcases, belts, and shoes. “JPK” are the initials of Klifa, the manager of MT and designer of the goods at issue. MT submitted four articles discussing consumer purchasing decisions and a declaration from Klifa, a French citizen who lived in Paris for 22 years until 1986, currently residing in the U.S., indicating that he exhibited at trade shows in Paris. The examining attorney refused to register the mark, finding it “primarily geographically deceptively misdescriptive” in relation to the goods, Lanham Act, 15 U.S.C. 1052(e)(3). The Board affirmed, rejecting an argument that the monogram “JPK” is the dominant portion of the mark, and finding that using “Paris” in the mark “serves to identify the geographic origin of the products” such that consumers would assume that the products have a connection with Paris either in their manufacture or design. The Board found the evidence sufficient to show that a substantial portion of relevant consumers would be deceived into believing that the goods came from Paris. The Federal Circuit affirmed.
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