Outside Counsel

Double Entendres, Intentional Misspellings, and Descriptive Marks

, New York Law Journal

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Scott D. Locke and Laura-Michelle Horgan write: Marketers are often tempted to use descriptive or laudatory words and phrases in brand names, which are not a basis for strong trademark rights. Appreciating this problem, some clients are tempted to use double entrendres or clever misspellings, which can elevate an otherwise descriptive mark to a higher status. However, as Calphalon Corp. recently learned, not all double entendres are created equal.

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