LaFrance on In re Beaverton Foods Inc.
Response or Comment
In the 1993 NAFTA Implementation Act, Congress barred the registration of primarily geographically deceptively misdescriptive marks, but grandfathered those marks that had become distinctive before this change was enacted. The author explains the dilemma now faced by applicants and the PTO, and traces it to a 2003 error in statutory interpretation by the Federal Circuit.
2008 Emerging Issues 1298 (2007).
LaFrance, Mary, "LaFrance on In re Beaverton Foods Inc." (2007). Scholarly Works. 463.