The Board affirmed a refusal to register, on the Supplemental
Register, the phrase WORLD'S BEST DOWN for
bedding containing down [DOWN disclaimed], finding that the phrase
is "incapable of distinguishing goods and cannot function as a
trademark or indicator of source." The evidence established
that "World's Best Down" is "a common
advertising phrase used to tout the high quality of down in bedding
and other products."
In re Eddie Bauer Licensing Services LLC, Application
Serial No. 87471896 (August 14, 2019) [not precedential] (Opinion
by Judge Marc A. Bergsman).
Applicant Eddie Bauer argued that WORLD'S BEST DOWN does not
convey any ordinary or familiar concept: an individual "may
commonly say 'DRIVE SAFELY' before someone else gets into a
car, but "would not commonly say to a third party
'WORLD'S BEST DOWN' before the third party gets into a
bed with down filled bedding." [Whatever works! -
ed.].
