For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc, both use the phrase "Looks Great" on their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Nowargues that the phrase
generally is not associated with any particu¬lar firm and that other companies use the same phrase on their labels and in their ads. In whose favor is the court most likely to rule, and why?
The court is most likely to rule in favor of the defendant Trend Now because the phrase "Looks Great" is generic and therefore cannot be owned by the plaintiff Style-One. That the phrase is generic is indicated by its use by other companies on their labels and in their ads. Also, that both clothing makers have used the phrase on their labels for the same pe¬riod of time supports a finding that the phrase is generic. The court might also consider the words of the phrase, "looks" and "great," and reason that there is nothing distinctive about the words or their combination. In addition, the phrase has not developed a secondary meaning or any other attrib¬utes that would support a conclusion in the plaintiff's favor.
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