United States Federal Circuit

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Earnhardt v. Earnhardt, 16-1939

Vacating and remanding the decision that the trademark in 'EARNHARDT COLLECTION' was not primarily a surname because it was unclear whether the Board applied the reasoning in In re Hutchinson Technology, Inc. case to determine whether the word collection was merely descriptive of the services offered and what the primary significance of the mark as a whole was to the general public.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/07/27




  • United States Federal Circuit


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