Surgicenters of America, Inc., an Arizona Corporation v. Medical Dental Surgeries, Co., an Oregon Corporation Dba Medical Dental Surgicenters

Faced with a difficult question in a complex area of law, the district court stated but did not apply the proper test to determine whether a name is generic. Even if the proper test had been applied, defendant’s evidence was not sufficient to meet the heavy burden of proof it carried.

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By statute, plaintiff’s certificate of registration is prima facie evidence of the mark’s validity. 15 U.S.C. § 1057(b). By case law, this means not only that the mark’s challenger has the burden of going forward, but also that registration carries with it a “strong presumption of validity”. Miss Universe, Inc.…