Law360 (January 17, 2019, 8:10 PM EST) -- The Trademark Trial and Appeal Board is refusing to let Walmart register the phrase "Investing in American Jobs" as a trademark, ruling that consumers would see it as a common expression of patriotism.
In a precedential ruling published on Jan. 11, a three-judge panel ruled that consumers would view the phrase not as a source-designating trademark for Walmart but rather as a "common, informational message that applicant, like others, promotes American-made goods by investing in American jobs."
"Consumers would perceive 'Investing in American Jobs' as merely an informational statement that applicant is selling certain goods that are made or assembled in...
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