I just finished reading the slip opinion* in Dastar v. Fox and was shocked and amazed that the Supreme Court actually decided this one correctly. I thought it was perhaps an overly technical way of making the case that this particular claim caused a conflict in copyright and trademark law, but happy that the the Justices got the real issue....

I have completely lost my faith in the secondary meaning doctrine of trademark law. Half the time I go to the grocery store I buy the wrong brand of popcorn. Why? Because both Pop Secret and Orville Redenbacher* make "HomeStyle" varieties of microwave popcorn. Pop Secret's is vastly superior to Orville Redenbacher's. Obviously my lack of association of "HomeStyle" with...