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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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texaslawhopefully
23:40
@lilypadfrog: working in a judge's chambers for a year or two
lilypadfrog
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twice upon a time
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9/10
23:40
four times upon a time but twice upon a time i won
lilypadfrog
23:41
@texaslawhopefully: Tex u would lose jeopardy it’s the other way around
23:41
@texaslawhopefully: i believe she was doing the jeopardy bit
texaslawhopefully
23:41
Well I'm completely socially unaware lmao
JumpySubsequentDolphin
23:42
@texaslawhopefully: what is a federal clerkship?
JumpySubsequentDolphin
23:42
did I win
you won my heart jumpy <3
lilypadfrog
23:42
girl who has been on lsd.law for two cycles and remains blissfully unaware of what a clerkship is would be a good bit
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goodnight chatroom crew
texaslawhopefully
23:42
Yeah I probably should have known better
texaslawhopefully
23:43
goodnight info man and good luck tmrw! you're going to kill it
Proud of you, Info!
lilypadfrog
23:43
bye bye info man
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Jumpy that was good too youre cooking
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@IrishDinosaur: ly <3
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@JohnLennon: rate it
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Dkk
0:24
@info-man: that's cool. I love jeopardy.
should we be expecting any waves tomorrow?
texaslawhopefully
0:49
maybe chicago
good luck then to all u chicago applicants!
penn ed plzzzz
Dkk
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Lol, expectations.
Dkk
2:14
My favorite romanian political commentator ^
siroracle
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“Jurisdiction” , the new “insurrection”
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NU pleaseeeee
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