Trademark News & Screw-ups Trading Technologies International sues Vela Trading Technologies over trademark infringement

The interesting thing about Trading Technologies trademark is that it was registered based on "acquired distinctiveness" in the U.S., which means that the mark, while otherwise considered descriptive, "has become distinctive of the goods and services [of the owner] through substantially exclusive and continuous use in commerce for at least the five years immediately [preceding the filing of the trademark application]. If that's the case, the interesting question is whether "Vela Trading Technologies" is indeed infringing. Typically, "Vela" would be the dominant element of the trademark while "Trading Technologies" would be considered disclaimable descriptive matter. But how will the court decide if "Trading Technologies" is an actual trademark on the principal register?

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