Yamaha International Corp. v. Hoshino Gakki Co.

840 F.2d 1572 (1988)

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Yamaha International Corp. v. Hoshino Gakki Co.

United States Court of Appeals for the Federal Circuit
840 F.2d 1572 (1988)

Facts

Yamaha International Corporation (Yamaha) (opponent) filed notices of opposition to two trademark registrations filed by Hoshino Gakki Company, Ltd. (Hoshino) (applicant) for guitar peg-head configurations for electric and acoustic guitars. Hoshino’s applications sought registration based on acquired distinctiveness or secondary meaning under § 2(f) of the Lanham Act (act). The Trademark Trial and Appeal Board (board) dismissed Yamaha’s oppositions because Yamaha did not establish a prima facie case of no acquired distinctiveness. Yamaha appealed, arguing that the board erred by requiring Yamaha to prove a lack of acquired distinctiveness.

Rule of Law

Issue

Holding and Reasoning (Bennett, J.)

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