In its first decision on trademark issues in over 15 years, the Puerto Rico Supreme Court unanimously validated the arguments presented by Luis A. Oliver-Fraticelli and Alexandra Casellas, part of AMG’s intellectual property litigation team. In the last court opinion written by retiring justice Anabelle Rodriguez, the Court held that the term “pet-friendly” is a generic term and thus incapable of being appropriated as a trademark or afforded legal protection as such, regardless of any alleged secondary meaning. The Court adopted AMG’s argument that “pet friendly” was generic because it was used to identify places where pets are allowed and was not used to associate such places with the plaintiffs, as the source of any services. AMG’s intellectual property practice group frequently counsels clients with respect to trademark registration issues and represents clients in related litigation to enforce or defend against purported trademark rights.
