Which of the following is an example of a product developing secondary meaning?
A)A company has illegally misappropriated a trademark and has used it in second place to identify a product.
B)Customers hear of the term through a secondary source such as media advertising.
C)A company has agreed to only use a trademark secondarily after the primary user has abandoned it.
D)Customers identify a certain color as identifying a company's product.
E)A product has secondary meaning in the minds of consumers as to usefulness.

Question

Quizplus · Accepted Answer

A)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority
of the Supreme Court,noted that a color,if unusual enough in the context,could develop secondary meaning and come to identify goods with their source,just as descriptive words on a product could.
B)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,noted that a color,if unusual enough in the context,could develop secondary meaning and come to identify goods with their source,just as descriptive words on a product could.
C)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,noted that a color,if unusual enough in the context,could develop secondary meaning and come to identify goods with their source,just as descriptive words on a product could.

Which of the Following Is an Example of a Product