context: A court's determination of whether a mark is suggestive or descriptive is not as clear as one would hope and is not as objective as one would think.
citation_a.signal: cf.
citation_a.identifier: 279 F.3d 1135, 1142
citation_a.parenthetical: holding that "Entrepreneur" is merely descriptive as the name of a magazine because an "entirely unimaginative, literal-minded person" would understand its meaning
citation_a.sentence: Zobmondo Entm’t, 602 F.3d at 1114; Lahoti, 586 F.3d at 1197. The dictionary definition may be relevant in the analysis of whether a mark is descriptive because it shows how the public may view the mark and what, if any, mental step is needed. Zobmondo Entm’t, 602 F.3d at 1116; see Surgicenters of Am., Inc. v. Med. Dental Surgeries, Co., 601 F.2d 1011, 1015 n.11 (9th Cir. 1979)(“While not determinative, dictionary definitions are relevant and often persuasive in determining how a term is understood by the consuming public ... ”); cf. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1142 (9th Cir. 2002)(holding that “Entrepreneur” is merely descriptive as the name of a magazine because an “entirely unimaginative, literal-minded person” would understand its meaning).
citation_b.signal: see
citation_b.parenthetical: "While not determinative, dictionary definitions are relevant and often persuasive in determining how a term is understood by the consuming public ... "
citation_b.sentence: Zobmondo Entm’t, 602 F.3d at 1114; Lahoti, 586 F.3d at 1197. The dictionary definition may be relevant in the analysis of whether a mark is descriptive because it shows how the public may view the mark and what, if any, mental step is needed. Zobmondo Entm’t, 602 F.3d at 1116; see Surgicenters of Am., Inc. v. Med. Dental Surgeries, Co., 601 F.2d 1011, 1015 n.11 (9th Cir. 1979)(“While not determinative, dictionary definitions are relevant and often persuasive in determining how a term is understood by the consuming public ... ”); cf. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1142 (9th Cir. 2002)(holding that “Entrepreneur” is merely descriptive as the name of a magazine because an “entirely unimaginative, literal-minded person” would understand its meaning).