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Simple English definitions for legal terms

Abercrombie Classification

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A quick definition of Abercrombie Classification:

The Abercrombie Classification is a system that helps determine how much protection a trademark should have. There are four categories: generic, descriptive, suggestive, and arbitrary/fanciful. Generic terms, like "cell phone," can't be protected. Descriptive terms, like "fast acting," usually can't be protected unless they have a special meaning. Suggestive terms, like "Orange Crush" soda, can be protected even without a special meaning. Arbitrary/fanciful terms, like "Apple" for a computer company, have the most protection. The higher the category, the easier it is to prove trademark infringement.

A more thorough explanation:

The Abercrombie Classification is a system used in intellectual property law to determine the level of trademark protection a given term is entitled to. The system categorizes potential trademarks into four tiers, each with ascending levels of protection under the Lanham Act.

Generic terms refer to the category of a given product. For example, "cell phone" is a generic term. Generic terms are never afforded any trademark protection.

Descriptive terms explain how a given product works. For example, "fast-acting" would be a descriptive term. Descriptive terms are generally not afforded any trademark protection, but if it can be shown that a descriptive term has acquired some secondary meaning that is associable with a given party, it may still be applicable for trademark protection.

Suggestive terms bridge the gap between purely descriptive and purely arbitrary/fanciful. These terms require thought and imagination to deduce the intended conclusion about the underlying good. "Orange Crush" soda is the archetypical example of a suggestive term. Suggestive terms are entitled to trademark protection even without a secondary meaning.

Arbitrary terms are standard words used in unconventional contexts such that no one could mistake the product for its generic equivalent. For example, "Apple" is an arbitrary term to describe a computer hardware/software company. Fanciful terms are terms invented by the trademark seeker for the express purpose of naming a given product. Arbitrary/fanciful terms are entitled to the highest degree of trademark protection.

As you ascend the Abercrombie classification scheme, it becomes easier to prove trademark infringement as you need less evidence to make your case.

  • Generic: "Computer"
  • Descriptive: "Fast food"
  • Suggestive: "Netflix"
  • Arbitrary/Fanciful: "Kodak"

The examples illustrate the different levels of trademark protection. "Computer" is a generic term and therefore not entitled to any trademark protection. "Fast food" is a descriptive term and would not be entitled to trademark protection unless it can be shown to have acquired a secondary meaning. "Netflix" is a suggestive term and is entitled to trademark protection even without a secondary meaning. "Kodak" is an arbitrary/fanciful term and is entitled to the highest degree of trademark protection.

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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