A divided Board panel reversed a Section 2(e)(1) refusal to
register the mark LEDGERDOMAIN, in standard
character form, finding it to be not merely descriptive of software
and services in the field of "blockchains, distributed ledgers
and peer-to-peer transaction and payment networks." Applicant
argued that the word "domain" is too imprecise to
describe its good and services, and furthermore that the mark is a
double entendre, a play on the word "legerdemain." The
panel majority agreed with the latter argument. In re LedgerDomain LLC, Serial No.
87159899 (March 6, 2020) [not precedential] (Opinion by Judge David
K. Heasley; dissenting opinion by Judge Michael B. Adlin).
The Examining Attorney relied on dictionary definitions of
"ledger" and "domain" (a sphere of activity,
influence, or knowledge), and on Internet evidence of third-party
use of the words together, in maintaining that: "As
Applicant's software is for use in the sphere of activity of
distributed
