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Tag Archives: Trade Name

HOW IS AN AUTOMILE LIKE A DUCK TOUR? THINK GENERIC.

Posted in Copyright, Intellectual Property, Trademarks

Co-Authored By: Robert J. Morgan
For those businesses that might be tempted to enjoin another’s use of a common name, be advised: you might be inviting unexpected grief.  In a “where the rubber hits the road decision,” the Cuyahoga County (Ohio) Court of Appeals ruled recently in the case of Bedford Auto Dealers Ass’n v. Mercedes Benz of North Olmsted, 2012-Ohio-927, 2012 WL 760626 (Cuyahoga App. March 8, 2012), that the relatively common term “automile” is generic and not entitled to trademark protection.…


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