‘Cocoa Butter Formula’ Can’t Be Trademarked

     PHILADELPHIA (CN) – The 3rd Circuit ruled that a beauty-products company cannot trademark the term “Cocoa Butter Formula.”

     E.T. Browne Co. sued Cococare Products, Inc. for trademark infringement. The district court granted summary judgment to Cococare, ruling that the term is too generic to be a trademark.
     Judge Ambro affirmed the ruling for a different reason.
     “Browne has produced sufficient evidence to create a genuine issue of material fact that ‘Cocoa Butter Formula’ is not generic, but descriptive,” Ambro ruled.
     However, Browne failed to produce evidence that the term has acquired secondary meaning, Ambro ruled, so the summary judgment in favor of Cococare will stand.

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