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distinctive name

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 241 U.S. 265 - United States v. Coca Cola Co. · 1916Most cited · 25 citing opinions

A 'distinctive name' may also, of course, be purely arbitrary or fanciful, and thus, being the trade description of the particular thing, may satisfy the statute, provided the name has not already been appropriated for something else so that its use would tend to deceive. A mixture or compound may have a name descriptive of its ingredients or an arbitrary name. The latter (if not already appropriated) being arbitrary, designates the particular product. Names, however, which are merely descriptive of ingredients, are not primarily distinctive names save as they appropriately describe the compound with such ingredients.