[Opinion] Judge Subramanian: “Hula Hoop” May Be A Generic Descriptor Of The "Thing Itself," Not Protectible As A Trademark

Judge Subramanian: “Hula Hoop” May Be A Generic Descriptor Of The "Thing Itself," Not Protectible As A Trademark

In an opinion Friday, Judge Subramanian denied toymaker Wham-O’s renewed motion for an ex parte temporary restraining order against a slate of anonymous online sellers marketing “Hula Hoop”-labeled products, holding for the second time that Wham-O hadn’t shown a likelihood of success on its trademark claims given evidence in its own record suggesting the mark is generic.In May, Judge Subramanian refused to grant the first requested TRO because W…