Thursday, December 20, 2012

Eleventh Circuit -- Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.


As the Circuit has previously ruled that the term "ale house" is generic, there's no basis for a Langham Act suit.

Issue of genericism can be relitigated absent evidence of a secondary meaning.  Circuit split flagged.

No undue copying of trade dress in the furnishings and layout of the pubs.

Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.