'Would You Rather?' May Be Protectable: 9th Circ.

Law360, New York (April 27, 2010, 7:47 PM EDT) -- A federal appeals court has ruled that the phrase “Would You Rather...?” may be entitled to trademark protection as the name of a board game involving humorous choices, reversing a lower court's ruling that the phrase is merely descriptive.

The U.S. Court of Appeals for the Ninth Circuit ruled Monday that the district court erred when it ruled against board game maker Falls Media LLC in its trademark infringement suit against rival Zobmondo Entertainment LLC, which markets a similar game.

While the lower court ruled that...
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