United States Federal Circuit

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

• Published 2017/07/27

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel