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Zobmondo Entertainment, LLC v. Falls Media, LLC
United States Court of Appeals for the Ninth Circuit
602 F.3d 1108 (2010)
- Written by Sean Carroll, JD
Facts
Falls Media, LLC (plaintiff) published books that posed a series of interesting, bizarre, or funny choice questions, using the phrase “WOULD YOU RATHER…?”. Zobmondo (defendant) sold board games and books using the phrase “WOULD YOU RATHER…?”. When Falls Media began selling a board game using the phrase, Zobmondo brought suit. Falls Media, in turn, sued Zobmondo for trademark infringement. The district court found that “WOULD YOU RATHER…?” is not entitled to trademark protection, because it is merely descriptive. The district court thus granted Zobmondo summary judgment on Falls Media’s infringement claim. Falls Media appealed.
Rule of Law
Issue
Holding and Reasoning (Gould, J.)
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