Las Vegas

[5] A geographically descriptive tradename has been defined as one "which designates geographical location and would tend to be regarded by buyers as descriptive of the geographic location or origin of the goods or services." [FN5] McCarthy, supra, at § 14:2. As noted, geographically descriptive corporate names are protected only if secondary meaning is proved. A suggestive tradename is one in which use of "imagination, thought and perception [is necessary] to reach a conclusion as to the nature of the goods." Stix Prods., Inc. v. United Merchants & Mfrs., Inc., 295 F.Supp. 479, 488 (S.D.N.Y.1968). Suggestive tradenames, a middle category falling between arbitrary and descriptive, are protected without proof of secondary meaning, as in the arbitrary category. [FN6]

FN5. McCarthy suggests that questions such as the following help determine whether a tradename is geographically descriptive: 1. Is the business name the place or region from which the goods or services are produced or exist? 2. Is the geographic term likely to denote to reasonable customers that the goods or services are produced or offered in the region or place named? 3. Is the place or region named noted for these particular goods or services? McCarthy, supra, at § 14:3.

FN6. A.L.M.N. argues this rule is not absolute, asserting that "weak suggestive marks" need proof of secondary meaning before they are protected. A.L.M.N. cites a couple of cases supporting this purported exception to the general rule. Most courts, however, apparently end their analysis after determining that a mark is suggestive.