Zobmondo Ent'mt., LLC v. Falls Media, LLC

Appellants Falls Media, LLC, Justin Heimberg, and David Gomberg (collectively “Falls Media”) appeal the district court’s summary judgment for Appellee Zobmondo Entertainment, LLC (“Zobmondo”) rejecting Falls Media’s action for trademark infringement, unfair competition, and related claims arising from Zobmondo’s use of Falls Media’s federally registered trademark, “WOULD YOU RATHER . . . ?”. The district court held that “WOULD YOU RATHER . . . ?” is not entitled to federal trademark protection because the mark is “merely descriptive” and lacks secondary meaning, and the district court ordered the mark cancelled from the federal trademark registry. We have jurisdiction under 28 U.S.C. § 1291. We conclude that there is a genuine issue of material fact whether “WOULD YOU RATHER . . . ?” is merely descriptive. Hence we reverse the summary judgment and remand for further proceedings consistent with this opinion.

Download Zobmondo Ent'mt., LLC v. Falls Media, LLC