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In re Miracle Tuesday, LLC, 695 F.3d 1339, 104 U.S.P.Q.2d 1330

Facts

Miracle Tuesday LLC filed an application to register the mark 'JPK PARIS 75' for various fashion goods, including handbags and sunglasses. The Trademark Trial and Appeal Board (TTAB) refused the application, determining that the mark was primarily geographically deceptively misdescriptive under the Lanham Act. The Board found that while Paris is associated with fashion, the goods did not originate from Paris, as the designer resided in the U.S. and the products were manufactured in Asia. The Board concluded that consumers would be misled into believing the goods came from Paris.

Issue

Whether the mark 'JPK PARIS 75' is primarily geographically deceptively misdescriptive under the Lanham Act, thus precluding its registration.

Whether the mark 'JPK PARIS 75' is primarily geographically deceptively misdescriptive under the Lanham Act, thus precluding its registration.

Rule

A mark is 'primarily geographically deceptively misdescriptive' under the Lanham Act if: (1) the primary significance of the mark is a generally known geographic location; (2) the consuming public is likely to believe that the place identified by the mark indicates the origin of the goods, when in fact the goods do not come from that place; and (3) the misrepresentation would be a material factor in the consumer's decision to purchase the goods.

Analysis

The Board determined that the primary significance of the mark is Paris, a well-known center for fashion. It found substantial evidence that consumers would associate the goods with Paris, despite the fact that the goods were designed in Miami and manufactured in Asia. The Board concluded that the misrepresentation regarding the geographic origin of the goods would materially influence consumer purchasing decisions.

Conclusion

The court affirmed the Board's decision to refuse registration of the mark 'JPK PARIS 75' on the grounds that it was primarily geographically deceptively misdescriptive.

Because we find that the Board's refusal to register the mark was based on substantial evidence, we affirm.

Who won?

The Trademark Trial and Appeal Board prevailed in this case, as the court upheld its decision to refuse the registration of the mark 'JPK PARIS 75'. The Board's findings were supported by substantial evidence, demonstrating that the mark misrepresented the geographic origin of the goods, which could mislead consumers. The court agreed that the association between Paris and the goods was likely to deceive a significant portion of the relevant consumer base.

The Board's determination that there was an association between the goods identified in the registration application and Paris was supported by substantial evidence; Paris was undisputedly famous as a source for fashion accessories.

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