Lost in Translation: The "Newbridge Cutlery" Case

What happens when a famous brand from another country tries to register its name in the United States? In this episode, we explore the principle of territoriality in trademark law through the lens of one of Ireland's most well-known brands: Newbridge Cutlery.

We'll dissect Section 2(e)(2) of the Lanham Act, the rule against registering marks that are "primarily geographically descriptive." But what does "generally known" really mean to US consumers? We dive deep into the pivotal Federal Circuit decision, In re Newbridge Cutlery Co., which set a crucial precedent by declaring Newbridge, Ireland, to be geographically obscure to the American public. Finally, we'll examine the alternative path to registration—proving acquired distinctiveness—and why evidence of fame abroad doesn't count on US soil.