Though there are cases (wrongly) finding suggestiveness when the mark alone isn’t enough to identify the goods/services, the court went with the (correct) majority view that descriptiveness is assessed from the perspective of a person who knows the context — the goods/services at issue. ❋ Rebecca Tushnet (2009)
In practice, the distinction between descriptiveness and suggestiveness is vague and arbitrary: “Chicken of the Sea” for tuna; LA for low alcohol beer; Pizza Rolls for snacks — depending on where you live, these are either descriptive or suggestive terms. ❋ Rebecca Tushnet (2009)
His research looks at the Abercrombie spectrum and in particular the role of descriptiveness. ❋ Rebecca Tushnet (2009)
I say notably because the court here imposed not only the “otherwise than as a mark” requirement on the defense here, but also requirements of (1) descriptiveness and (2) fairness and good faith, even though the statutory language is more naturally read to limit those requirements to non-individual name descriptive uses. ❋ Rebecca Tushnet (2009)
It is a drug memoir of sorts, albeit without the hardcore confessional descriptiveness of the genre. ❋ Sean O (2010)
But I actually got used to the descriptiveness in PSS & would spend time imagining in my mind what he was describing would look like (so of course, it took me forever to finish it). ❋ Lou Anders (2008)
My new friend gave me a lesson in the Irish language's metaphorical descriptiveness and cascading embellishments, which was profoundly insightful. ❋ Tamsin Smith (2010)
Finally, it is this descriptiveness versus prescriptiveness that results in confusion in the marketplace as different consumers have different views of the role of the guidelines. ❋ Unknown (2009)
Though I like listening to your works being read, I kinda prefer reading them on my own... your descriptiveness makes everything come to life in such a stunningly deep and clear way. ❋ Kosmo (2009)
"Finally, the diverse offerings available on the website to which the domain name at issue resolves suggest that respondent is trading on the descriptiveness of the term 'virtual sex,'" the WIPO ruled Tuesday. ❋ Unknown (2009)
I was pointing out the self-referencing that created a paper of general descriptiveness. ❋ Unknown (2009)
The descriptiveness is that really a word? of your account had me there with you, Glenda. ❋ Glenda Larke (2009)
Whether that entails better sentence structure, deeper descriptiveness or more efficient disguising of my "influences," growth is the goal. ❋ Unknown (2008)
I personally find someone's worldbuilding to be a crux upon which sense of wonder rests to an extent, and descriptiveness. ❋ Tia Nevitt (2008)
