It is popular knowledge that ENGLISH LEATHER colognes are not made in England, that IRISH SPRING soaps are not made in Ireland, and that Pepperidge Farm MILANO cookies– delicious as they may be – are not actually made in Italy. The law, however, has only fitfully recognized that companies most often use the cache of geographic place names to conjure up favorable marketing imagery rather than to dupe consumers into believing that products come from the place referenced in a trademark. Recent developments bode well in this regard.
On May 22, 2003, the Court of Appeals for the Federal Circuit reversed a decision of the Patent and Trademark Office holding the proposed trademark CALIFORNIA INNOVATIONS incapable of registration for insulated food and beverage bags and wraps manufactured in Canada. This decision should have the effect of permitting businesses to secure exclusive rights in evocative – but not deceptive - geographic names for their products to an extent not available
