United States: Using descriptive marks to one's advantage

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United States: Using descriptive marks to one's advantage

A recent US court decision allowing third parties to claim fair use of descriptive trade marks could deter businesses from adopting descriptive marks in the future. But Thomas Zellerbach and Diana Rutowski of Orrick, Herrington and Sutcliffe explain why no one should be dissuaded from continuing to use such marks as powerful marketing tools

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