Rich Marks, LLC

Trademark Trial and Appeal BoardJan 6, 2015

No. 85789870 (T.T.A.B. Jan. 6, 2015)

This Opinion is Not a Precedent of the TTAB Hearing: December 11, 2014 Mailed: January 6, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Rich Marks, LLC _____ Serial Nos. 85784407, 85789870 and 85789873 _____ Joel R. Feldman, Kristen L. Fancher and Jess L. Rosen of Greenberg Traurig, LLP, for Rich Marks, LLC. April K. Roach, Trademark Examining Attorney, Law Office 115, John Lincoski, Managing Attorney. _____ Before Bucher, Kuhlke and Wolfson, Administrative Trademark Judges. Opinion by Bucher, Administrative Trademark Judge: Rich Marks, LLC (“Applicant”) seeks three registrations on the Principal Register of the following marks: REDNECK RIVIERA (in standard character format) for “hotel, bar and restaurant services” in International Class 43;1 and REDNECK RIVIERA and REDNECK RIVIERA FEST (both in standard character format) for “entertainment 1 Application Serial No. 85784407 was filed on November 20, 2012, based upon Applicant’s allegation of a bona fide intention to use the mark in commerce under Section 1(b) of the Trademark Act. Serial Nos. 85784407, 85789870 and 85789873 - 2 - services, namely, live and televised performances featuring musical, dance, dramatic, and comedic presentations; live music concerts; film, theater, radio, videotape and television program production services; entertainment in the nature of a continuing television drama series, entertainment in the nature of a continuing television comedy series; entertainment in the nature of television news shows; music publishing services; song writing services; audio recording and production; record and music production; recording studio services; magazine publication services; providing on-line non-downloadable general feature magazines; recreational camps; amusement parks; theme parks; art exhibitions; museums; dance instruction; dance events; entertainment services, namely, providing podcasts in the field of music; entertainment services, namely, providing information and commentary online in the field of music; providing online electronic newsletters in the field of music via e- mail; entertainment services, namely, providing non- downloadable playback of pre-recorded music via global computer networks, providing a website featuring non- downloadable video and graphics presentations featuring entertainment and music, and providing information in the field of music, and commentary and articles about music, all on-line; providing an Internet website portal featuring musical performances, musical videos, film clips, photographs and other multimedia materials, all in the field of music; fan club services; educational services, namely, conducting classes, seminars, conferences, and workshops in the field of music and entertainment” in International Class 412 The Trademark Examining Attorney has refused registration of Applicant’s marks under Trademark Act §§ 2(e)(2) and 2(e)(3), 15 U.S.C. §§ 1052(e)(2) and 1052(e)(3), on the basis that Applicant’s marks are either primarily geographically descriptive or geographically deceptively misdescriptive for the recited services. 2 Application Serial Nos. 85789870 and 85789873 were filed on November 28, 2012, based upon applicant’s allegation of a bona fide intention to use these marks in commerce under Section 1(b) of the Trademark Act. In the ’873 application, no claim is made to the exclusive right to use the word “Fest” apart from the mark as shown. Serial Nos. 85784407, 85789870 and 85789873 - 3 - When the refusals were made final, Applicant appealed and requested reconsideration in each application. After the Examining Attorney denied the requests for reconsideration, the appeals were resumed. Because the marks in the applications are substantially the same, the issues on appeal and the records are essentially identical, we have consolidated the three appeals. I. Primarily geographically descriptive under § 2(e)(2) A. The Legal Test The test for determining whether a term is primarily geographically descriptive is whether (1) the primary significance of the term in the mark sought to be registered is the name of a place generally known to the public, and (2) the public would make an association between the goods or services and the place named in the mark (a “goods or services/place association”), that is, believe that the goods or services for which the mark is sought to be registered originate in that place. See In re Societe Generale des Eaux Minerals de Vittel S.A., 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); University Book Store v. University of Wisconsin Board of Regents, 33 USPQ2d 1385 (TTAB 1994); and In re California Pizza Kitchen, Inc., 10 USPQ2d 1704 (TTAB 1988). If the goods or services do in fact emanate from the place named in the mark, the goods or services/place association can be presumed. In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998). Finally, “the presence of generic or highly descriptive terms in a mark which also contains a primarily geographically descriptive term does not serve to detract from Serial Nos. 85784407, 85789870 and 85789873 - 4 - the primary geographical significance of the mark as a whole.” JT Tobacconists, 59 USPQ2d at 1082 (MINNESOTA CIGAR COMPANY primarily geographically descriptive of cigars from Minnesota). B. The Trademark Examining Attorney’s Evidence of Record In support of her position, the Trademark Examining Attorney has submitted the following evidence: Redneck Riviera • The Emerald Coast, an area of Florida, USA on the coast of the Gulf of Mexico, between Pensacola and Port St. Joe. 3 1. Redneck Riviera The Redneck Rivera is located on the Emerald Coast in the The [sic] Florida Panhandle city of Panama City and Panama City Beach Florida. Also called LA ... Lower Alabama but most affectionately called the Redneck Riviera. A strip of surf and sand that stretches some 95-miles along Florida’s Highway #98. The most beautiful beaches in the world. Sugar white sand, gently washed by an azure sea. Home of the best spring breaks, water parks for the kids, tattoo parlors, beer joints, crab shacks, burger barns and tee shirt boutiques. Plus more beach trash and trinkets than you can imagine. There are high-rise condominiums with beautiful drunk skinny girls on each floor. Panama City Beach makes tailgating at a NASCAR infield appear hoity-toity. The always-heavy beach traffic is a blend of pick-up trucks, motorcycles, Mercedes Benz, SUV’s and Beamers. Perhaps that’s the charm of PC Beach – it’s so funky, it’s fun. The Florida Panhandle, The Florida Panhandle city of Panama City and Panama City Beach Florida, LA...Lower Alabama, Redneck Riviera, Florida’s Highway #98, spring breaks 4 In addition to these entries, she has included a dozen screen prints from newspapers, television news reports and other websites showing use of “Redneck 3 http://onlineslangdictionary.com/meaning-definition-of/redneck-riviera, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #25-28, at 35-38 of 74. 4 http://www.urbandictionary.com/define.php?term=Redneck%20Riviera, as accessed by the Trademark Examining Attorney on March 14, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #1, at 11 of 74. Serial Nos. 85784407, 85789870 and 85789873 - 5 - Riviera” in connection with beach locations along the Florida panhandle, the Alabama Gulf Coast and Mississippi’s southeastern coast: Living it up on the ‘Redneck Riviera’ History professor affectionately recounts creation and changes along the Gulf Coast. The most endangered species native to Florida’s Panhandle and Alabama’s Gulf Coast might just be the redneck. But before the last beer-swilling, mullet-tossing Good Ol’ Boy abandons the beach to the condo and McMansion “cottage” crowd, Harvey H. Jackson III set out to chronicle the making of his habitat in all its tacky glory. 5 Alabama Town Says No Thanks to ‘Redneck Riviera,’ Passes Law to Block Filming A production company hoping to film what could be the South’s answer to the “Jersey Shore” has had the door slammed in its face by one Alabama town that would rather be known for pristine beaches than Confederate flags. Gulf Shores seemingly has no interest in being the representative for a gaggle of twenty-somethings who are proud rednecks and wear their rebel flags on their sleeves. The city council’s response after finding out the beach town was being scouted for filming a new reality show titled “Redneck Riviera” was to unanimously pass an amended filming law that allows city officials to deny permits for productions deemed to imply inappropriate messaging. “Anything like this has the potential to be very disruptive to our community,” Gulf Shores Mayor Robert Craft said, but insisted the newly updated ordinance wasn’t intended solely for “Redneck Riviera.” “We knew we needed to do something a little different here.” The show’s title is a play on the long-held nickname for the region, one that many officials try not to advertise. …6 Redneck Riviera -- In Florida, The Farther North You Go, The Further South You Get … Is it any wonder that the Panhandle and nearby bits of Alabama and Mississippi have long been called “the Redneck Riviera”? Even in these politically correct times, with everyone tiptoeing around the possibility of giving offense, even right-thinking bastions of sensitivity such as Newsweek magazine and The Washington Post unabashedly use the phrase. 7 5 http://www.miamiherald.com/2012/06/10/2837742/living-it-up-on-the-redneck-riviera.html, as accessed by the Trademark Examining Attorney on March 14, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #4-7, at 14-17 of 74. 6 http://abcnews.go.com/Entertainment/alabama-town-redneck-riviera/story?id=11793754, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #8-18, at 18-28 of 74. 7 http://community.seattletimes.nwsource.com/archive/?date=19941204&slug=1945360, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #19-24, at 29-34 of 74. Serial Nos. 85784407, 85789870 and 85789873 - 6 - Redneck Riviera ORANGE BEACH, Ala. - Sitting smack-dab on the Florida-Alabama state line is a rambling beachside roadhouse called, unsurprisingly, the Flora-Bama. It's Ground Zero on the Redneck Riviera, the place where songster Jimmy "Margaritaville" Buffett spent a lot of time wasting away before he moved on to Key West, Fla. … 8 Redneck Riviera Just below Alabama and hugging the lazy Gulf Ocean is a strip of Florida known as the “Pan Handle.” Some call its long stretch of soft white sandy beaches the “Redneck Riviera.” 9 Orange Beach Florida’s Panhandle is often referred to as the “Emerald Coast” for the deep color of its Gulf of Mexico waters. It’s also known as “The Forgotten Coast” and the “Redneck Riviera,” but no matter what you call it, it’s one of Florida’s most popular vacation destinations. Deservedly so as it offers uncrowded sugar-white beaches and clear, blue- green waters in abundance, along with boating, fishing and diving, seafood restaurants, sunny golf courses and lots of places to just take it easy. 10 Digging for Feasts Across the Florida Panhandle … The Florida Panhandle probably isn’t the place that comes to mind when you think of culinary transcendence. In fact, gastronomically speaking, the region — sometimes referred to as the “Redneck Riviera” — is generally dismissed out of hand, despite its proximity to the Gulf of Mexico and, to a lesser degree, to the rich culinary traditions of the South. 11 8 http://old.chronicle.augusta.com/stories/2001/05/13/ent_312561.shtml, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #51-55, at 61-65 of 74. 9 http://www.digitalvagabonding.com/florida/redneck-riviera/, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #31-33, at 41-43 of 74. 10 http://www.weneedavacation.com/Florida/Panhandle-Vacation-Rentals/, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #39-42, at 49-52 of 74. 11 http://www.nytimes.com/2013/03/31/travel/digging-for-feasts-across-the-florida-panhandle .html, as accessed by the Trademark Examining Attorney on September 9, 2013. Copy of screen print attached to Office action of September 9, 2013, Att. #18-20, at 26-28 of 30. Serial Nos. 85784407, 85789870 and 85789873 - 7 - Welcome to the Redneck Riviera It’s not as stylish as Saint Tropez, but this Alabama Gulf Coast vacation destination offers stunning beaches and a sweet slice of American pie, Southern style. Not what I really had in mind as my dream vacation destination, I reluctantly agreed to take a trip to the Gulf Shores and Orange Beach on the Alabama Gulf Coast. Surviving Hurricane Ivan in 2004 and the BP Oil Spill in 2010, this 32-mile stretch of waterfront is known as the “Redneck Riviera” and is the farthest east you can get before crossing the Florida state line. I was stunned to discover that instead of a natural and man-made disaster, this down home “riviera” offers stunning seascapes with unique sugar white beaches and turquoise blue surf as breathtaking as what you’ll find at the much pricier “rivieras” in France and Italy. … One thing I really liked about Gulf Shores is how the locals are extremely down to earth. In fact, at Lulu’s, a complete stranger walked over to my table, pointed his index finger at my plate and said, “What’s that? Looks good!” That would be considered rude in Los Angeles, but on the Gulf Coast it’s just Redneck Riviera hospitality. 12 Gulf Shores, Alabama, famously known as the “Redneck Riviera,” has been luring tourists from the southeastern U.S. for decades. The attraction is pretty straightforward: good roads make a reasonably easy drive to the closest beach for the land-locked Southerner yearning for the sea. “The Season,” like most coastal towns, runs from Memorial Day to mid-August with a big influx around spring break. However, travelers not as bound by the school calendar can find Southern hospitality year round. It’s low on pretense, but high on relaxation. 13 12 http://singularcity.com/welcome-to-the-redneck-riviera/, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #43-50, at 53-60 of 74. 13 http://www.bourbonandboots.com/gulf-shoressleep-eat-and-play-in-the-redneck-riviera/, as accessed by the Trademark Examining Attorney on September 9, 2013. Copy of screen print attached to Office action of September 9, 2013, Att. #8-11, at 16-19 of 30. Serial Nos. 85784407, 85789870 and 85789873 - 8 - Oil Spill Ruining Vibe on "Redneck Riviera Confederate-flag bikinis. An entire festival focused on a fish-tossing contest. Countless nights ended at bars on beaches of pure white sand, the strains of local boy Jimmy Buffett's odes to drinking and sailing mixing with the surf. It's easy to see why generations of Southerners have flocked to the stretch of northern Gulf Coast affectionately called the "redneck Riviera" - and why they're worried about whether a massive oil spill is about to ruin their down- home playground. For more than two weeks, millions of gallons of crude have been spewing from the ocean floor south of Louisiana, ever since an oil rig explosion there killed 11. Oil reached more of that state's shoreline this week, and furthering fears that it's only a matter of time before it arrives at points east. … 14 Redneck Riviera Vacation If you're one of the lucky ones whose 401K hasn't been reduced to a 201K, I've got a place you should check out for your next vacation: the Redneck Riviera. It's that bread-crust thin slice of Gulf Coast beach that curves from Mississippi to the Florida Panhandle. 15 16 14 http://www.cbsnews.com/news/oil-spill-ruining-vibe-on-redneck-riviera/, as accessed by the Trademark Examining Attorney on September 9, 2013. Copy of screen print attached to Office action of September 9, 2013, Att. #12-17, at 20-25 of 30. 15 http://www.boomerbrief.com/2012/07/redneck-riviera-vacation.html, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #34-38, at 44-48 of 74. 16 http://www.flounderwear.com/mr.html, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #29-30, at 39-40 of 74. Serial Nos. 85784407, 85789870 and 85789873 - 9 - Road Trip: Biloxi or Bust On a drive along the Gulf Coast's Redneck Riviera, ambitious new restaurants are turning up next to classic seafood joints and fried-chicken spots. The so-called Redneck Riviera might not be the first place you'd think of looking for great food— unless you've been there. This slice of the Gulf Coast, stretching from the Florida Panhandle across Alabama and Mississippi, was long the province of locals and vacationers from neighboring states, who kept its blue waters and pristine beaches to themselves. But now the word is out, and the region is undergoing a development boom. On a recent drive, I found that the juxtaposition of beachfront seafood shacks, classic fried-chicken places and ambitious new restaurants is making the Redneck Riviera one of the most exciting places to eat in North America. 17 As noted below, Applicant submitted several dictionary entries into the record. C. Applicant’s Arguments against a finding of primarily geographical descriptiveness Applicant argues that under the first prong of the test, its mark is not primarily geographically descriptive, asserting that “registration of a mark should not be refused if a mark creates a separate, readily understood meaning that is not geographic.” Applicant submitted the following definitions of the separate terms: Riviera noun A coastal region reminiscent of the Riviera [viz. Collins Dictionary English Worldwide entry] Redneck noun 1. an uneducated white farm laborer, especially from the South. 2. a bigot or reactionary, especially from the rural working class. adjective 3. Also, red-necked. narrow, prejudiced, or reactionary: a redneck attitude. Synonyms: biased, narrow-minded, intolerant. Antonyms: fair-minded, open-minded, broad-minded, tolerant, unbiased, impartial. Expand Also, red-neck. 1820-1830 Americanism; red + neck 18 17 http://www.foodandwine.com/articles/road-trip-biloxi-or-bust, as accessed by the Trademark Examining Attorney on March 15, 2013. Copy of screen print attached to Office action of March 18, 2013, Att. #56-60, at 66-70 of 74. 18 Dictionary.com Unabridged, Based on the RANDOM HOUSE DICTIONARY (2013). Serial Nos. 85784407, 85789870 and 85789873 - 10 - Redneck noun 1. (in the southwestern US) a poor uneducated White farm worker 2. a person or institution that is extremely reactionary adjective 3. reactionary and bigoted: redneck laws 19 redneck definition A slang term, usually for a rural white southerner who is politically conservative, racist, and a religious fundamentalist (see fundamentalism). This term is generally considered offensive. It originated in reference to agricultural workers, alluding to how the back of a person's neck will be burned by the sun if he works long hours in the fields. 20 Citing to the Trademark Examining Attorney’s Internet evidence as corroborating evidence, Applicant concludes that this separate, non-geographical meaning is of “a pop-culture term to describe a beautiful beach with lower-class inhabitants.” Unlike terms such as Carolina, Old Dominion, Appalachian, New England, Nashville or Manhattan,21 Applicant contends that its proposed mark includes the term “Redneck,” which is “used to describe people, not places.” Furthermore, Applicant argues that “Redneck Riviera” is not a precise location with well-defined boundaries, as suggested by the Examining Attorney, but rather involves disparate descriptions of what geographically constitutes the “Redneck Riviera”: Although the Trademark Examining Attorney defines the “Redneck Riviera” as “the Florida Panhandle, the 19 COLLINS ENGLISH DICTIONARY (2009). 20 THE AMERICAN HERITAGE NEW DICTIONARY OF CULTURAL LITERACY, (3rd Ed. 2005). 21 See respectively, Burke-Parsons-Bowly Corp. v. Appalachian Log Homes Inc., 871 F.2d 590, 10 USPQ2d 1443, 1444 (6th Cir. 1989); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Charles S. Loeb Pipes, Inc., 190 USPQ 238 (TTAB 1975); In re Pan-O- Gold Baking Co., 20 USPQ2d 1761 (TTAB 1991); In re Opryland USA Inc., 1 USPQ2d 1409 (TTAB 1986); and In re The Cookie Kitchen, Inc., 228 USPQ 873 (TTAB 1986). Serial Nos. 85784407, 85789870 and 85789873 - 11 - Alabama Gulf Coast, and the eastern part of the Mississippi coast” in her initial office action, her evidence paints a very different picture. Some of the Trademark Examining Attorney’s articles use the term “Redneck Riviera” to refer solely to the Florida Panhandle, while another uses the term “Redneck Riviera” to refer solely to Gulf Shores, Alabama.22 Meanwhile, some of these articles refer to the “Redneck Riviera” as a combination of Alabama and Florida beaches or Alabama and Mississippi beaches. And one article describes the “Redneck Riviera” as “that bread- crust thin slice of Gulf Coast beach that curves from Mississippi to the Florida Panhandle.” Each article uses geographic terms such as “Florida Panhandle” and “Gulf Coast,” not “Redneck Riviera,” to identify the geographic subject matter of the article. Rather, Applicant argues that this is a term of popular significance used to explain the culture of a certain area, not a term used to identify a real geographic location. In other words, “Redneck Riviera” is a slang term used to reflect one’s subjective view of any “Riviera”-quality beach where “redneck” activities occur, not a specific beach. Finally, Applicant contends that with reliance on sources such as UrbanDictionary.com and OnlineSlangDictionary.com, the Trademark Examining Attorney has failed to corroborate her evidence “with dictionary definitions from various reliable dictionary sources, or information from any other reliable source, such as an encyclopedia, atlas, or [gazetteer].” Applicant argues that “[t]his is because no such evidence exists. And because the Trademark Examining Attorney has the burden of producing evidence to support her refusal, her failure 22 http://www.bourbonandboots.com/gulf-shoressleep-eat-and-play-in-the-redneck-riviera/ Serial Nos. 85784407, 85789870 and 85789873 - 12 - to do so is fatal to her burden of proving that ‘Redneck Riviera’ is a real and significant geographic location.” Applicant’s brief at 11. D. Analysis: is the primary significance of “Redneck Riviera” the name of a place generally known to the public? 1. Specific geographical location? As to Applicant’s argument that the “Redneck Riviera” is not a specific geographical location, we find that the Trademark Examining Attorney’s evidence is consistent. Of course, the outer limits of the “Redneck Riviera” are not as precise as the metes and bounds of real estate deeds, or the established boundaries of states or cities as they appear on detailed maps. But all the references in this record point to beaches on the northwest Gulf Coast in Florida, Alabama and a part of Mississippi. For example, a number of the “Redneck Riviera” references describe as that portion of scenic Highway 98 that stretches along the Florida panhandle more than one-hundred miles connecting popular vacation destinations from Pensacola to beaches east of Panama City.23 The dictionary definitions and many of the Internet articles noted that generations of southerners have identified this area as the “Redneck Riviera.” To the west, the pristine beaches around Mobile Bay – from Dauphin Island to Gulf Shores and Orange Beach – are largely indistinguishable from those nearby on the Florida panhandle. That these Alabama beaches should be lumped together with Florida’s 23 See THE ONLINE SLANG DICTIONARY (n.3), THE URBAN DICTIONARY (n.4), The Seattle Times (n.7), digitalvagabonding.com/ (n.9), weneedavacation.com/ (n.10), and The New York Times (n.14). Serial Nos. 85784407, 85789870 and 85789873 - 13 - Emerald Coast as part of the Redneck Riviera is not surprising, and is supported by the record.24 Finally, as noted by Applicant, several of the references above do include parts of the Mississippi southeastern coast as part of the “Redneck Riviera.”25 That most of the articles focus on the surf, sand and “redneck” culture of the Alabama Gulf Coast and the Florida panhandle – without mentioning locations in Mississippi – does not mean that most vacationers who have heard the term would not make a strong association between the northwest coastline of the Gulf of Mexico stretching from southeastern Mississippi to the Florida panhandle beaches east of Panama City and “Redneck Riviera.” Whether the focus is on incredibly beautiful beaches, tacky trinkets, new high-rise condominiums, southern folkways and honky-tonks, or the threats in 2010 of crude oil from the Deepwater Horizon, these common characteristics of the northwest Gulf Coast extend west of Mobile Bay and the Mississippi/Alabama state line into the eastern edge of the Mississippi Gulf Coast. At oral argument, Applicant’s counsel suggested that if one offered to meet a friend on the “Redneck Riviera,” the friend would not know where to go for the rendezvous. Of course, such a test would also create a problem if the meeting point were Appalachian, Carolina, Old Dominion, New England, Nashville or Manhattan – proposed marks found to be specific geographical locations.26 24 See The Miami Herald (n.5), ABC News (n.6), The Seattle Times (n.7), The Augusta Chronicle (n.8), singularcity.com/ (n.11), bourbonandboots.com/ (n.12), and flounder wear.com/ (n.16). 25 See e.g., references in The Seattle Times, boomerbrief.com/, and Food & Wine magazine. 26 See n.21, supra. Serial Nos. 85784407, 85789870 and 85789873 - 14 - Furthermore, inasmuch as the rich diversity of articles in the record use the term Redneck Riviera as a geographic location and uniformly refer to the growing popularity of these beach vacation destinations among members of the consuming public, we find that this named place of sufficiently defined boundaries is neither remote nor obscure. Similar to “Appalachian” referencing a geographic region somewhat generally described by one witness as “extending from the southern part of the State of New York to the central part of the state of Alabama, and in an east-west direction from the Blue Ridge and Smokey Mountains to the plateau regions of Ohio and states to the southwest” and somewhat differently in a map (as “extend[ing] into the east Tennessee area as well as West Virginia, the western counties of Virginia and the western counties of North Carolina”), Burke-Parsons- Bowly Corp. 10 USPQ2d at 1444, Redneck Riviera is described as the coast along the Florida panhandle by some and as including parts of the Alabama and Mississippi coastline by others. Based on this record, the articles show that this term has been used consistently over a long period of time to refer to a specific geographic region. 2. Primarily a place or a cultural reference”? As to Applicant’s argument that this is simply “a pop-culture term to describe a beautiful beach with lower-class inhabitants,” we find that this is not unlike the argument of the unsuccessful applicant in the NEW ENGLAND case: Rather, applicant maintains that its use of the term “is evocative of a life style, a home-spun down-East Yankee attitude or demeanor reminiscent of Pilgrim Fathers, Minutemen, Green Mountain Boys, rolling tree-covered Serial Nos. 85784407, 85789870 and 85789873 - 15 - hills, pristine lakes, covered bridges, picturesque villages, open town meetings, and the like.” As with NEW ENGLAND, the fact that a primarily geographical term may also have a connotation related to ambiance or life-style does not obviate the geographical significance. “Redneck Riviera” is a real place, which name combines two characteristics of this region – a unique cultural stereotype of the rural south and the stunning beauty of the seascapes. At oral argument, Applicant’s counsel suggested that taking the dictionary definitions of “Redneck” as “an uneducated white farm laborer,” and “Riviera” as meaning “a coastal region reminiscent of the Riviera,” the designation Redneck Riviera could refer to an uneducated white farm laborer having easy access to a beautiful beach (reminiscent of a distant European Riviera) in places like Myrtle Beach, South Carolina, along the Atlantic Ocean. However, we find no evidence in this record of such usage in the context of Myrtle Beach,27 or any other southern beaches, whether situated on the Atlantic Ocean or elsewhere in the Gulf of Mexico. 3. Is “Redneck Riviera” an officially recognized place? In its reply brief, Applicant argues that we must reverse the Trademark Examining Attorney because of the quality of her evidence: For years, the Board has developed jurisprudence to guide trademark examiners in which evidence is reliable and which evidence is not. This is especially important in a day and age where anything can be posted on the Internet 27 In fact, one of the articles placed into the record by the Examining Attorney (n.8, supra) was drawn from the Augusta Chronicle. Although Augusta, GA is located relatively close to Myrtle Beach, SC, the Augusta Chronicle article names “ground-zero” of the “Redneck Riviera” as located on the Gulf of Mexico at the Alabama-Florida state line. Serial Nos. 85784407, 85789870 and 85789873 - 16 - without a shred of fact checking or an ounce of truth. In one appeal brief, the Trademark Examining Attorney attempts to tear down this foundation by basing a geographic refusal on the UrbanDictionary.com and OnlineSlangDictionary.com websites. Because evidence quality matters, the Board must reverse the Trademark Examining Attorney’s refusal. We are sensitive to this allegation. In general, the better practice with such online references is to corroborate them with other evidence. Here, the record contains a dozen other references, including webpages / news articles / TV show screen shots, etc., such as ABC News, CBS News, The New York Times, The Miami Herald, The Seattle Times, the Augusta Chronicle, and Food & Wine magazine. Additionally, as seen in the screen prints from The Miami Herald, supra, the record contains a review of a 352-page history book entitled “The Rise and Decline of the Redneck Riviera: An Insider’s History of the Florida-Alabama Coast” (Univ. of Georgia Press 2013), written by Harvey H. Jackson, III (Professor and Chair of History and Foreign Languages at Jacksonville State University, described as a native Alabamian and an Eminent Scholar of History) that traces the development of the Florida-Alabama coast as a tourist destination from the late 1920s and early 1930s, when it was sparsely populated with “small fishing villages,” through to the tragic and devastating BP/Deepwater Horizon oil spill of 2010. Serial Nos. 85784407, 85789870 and 85789873 - 17 - In addition to this scholarly work of historic research, we take judicial notice of the following reference in THE COLUMBIA ENCYCLOPEDIA to “Redneck Riviera”: Seaside … 2 Planned resort community, Walton Co., NW Fla., on the Gulf of Mexico. Designed by architect-planners Andres Duany and Elizabeth Plater-Zyberk, authors (with Jeff Speck) of the pro-planning, anti-sprawl Suburban Nation (2000), Seaside was built in the mid-1980s according to neotraditional 19th-century house-construction and community-layout principles, with the aim of fostering social interaction. In contrast to the condominium towers, malls, and general overdevelopment of the Panhandle's "Redneck Riviera," Seaside is the pioneering landmark of the "New Urbanism," its houses and facilities designed by various contemporary architects, its streets traveled by pedestrian and bicycle traffic. While many have praised Seaside's architectural excellence, other[s] have criticized its sterility and lack of organic spontaneity. 28 Professor Jackson’s textbook, this reference in THE COLUMBIA ENCYCLOPEDIA, and widespread corroboration of the online dictionaries in national, regional and specialty periodicals, and on major broadcast networks in national prime time news programs, all of these references taken together, demonstrate that it is reasonable to conclude that the public would principally regard “Redneck Riviera,” when used in connection with Applicant’s recited services, as designating the geographic region widely known by that name. This would especially be true when the term is applied to hotel, bar and restaurant services, or entertainment services such as musical concerts, amusement parks and theme parks. Under these circumstances, it is eminently likely, as contended by the Trademark Examining Attorney, that when applied to such services, consumers would reasonably expect that services bearing the designation “Redneck Riviera” originate in that region. In the face of this prima facie case, Applicant has submitted no competent evidence to show that the primary 28 THE COLUMBIA ENCYCLOPEDIA, (Columbia University Press 2013). The Board may take judicial notice of standard reference works such as encyclopedias. In re London & Edinburgh Insurance Group Ltd., 36 USPQ2d 1367, 1370 (TTAB 1995). Serial Nos. 85784407, 85789870 and 85789873 - 18 - significance of this two-word term is suggestive rather than geographical, or that there would be no association between “Redneck Riviera” and its listed services. E. Analysis: Services/place association? In its Request for Reconsideration, Applicant reserved its right to offer all of its listed services in the area of the Florida Panhandle, Alabama Gulf Coast and Mississippi’s southeastern coast. As argued by the Trademark Examining Attorney, under these circumstances, we must presume that the named services may well originate in this very area. As noted above, in the event that the services are in fact offered in this geographical area, a services/place association can be presumed. In re Carolina Apparel, 48 USPQ2d at 1543. See also In re Cheezwhse.com Inc., 85 USPQ2d 1917, 1920 (TTAB 2008) (because applicant failed to specify the geographic origin of its cheese for the mark NORMANDIE CAMEMBERT, Board presumed goods originated from Normandy). F. Application Serial No. 85789873: Addition of word “FEST” does not obviate the § 2(e)(2) refusal As shown by the Trademark Examining Attorney, in the context of Applicant’s entertainment services, the word “Fest” is either generic or highly descriptive: Fest A gathering or occasion characterized by a specified activity. Often used in combination: a music fest; a chilifest 29 As noted earlier, the addition of such a term to what is determined to be a primarily geographically descriptive term does not serve to detract from the 29 THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE (2007), as accessed by the Trademark Examining Attorney on March 15, 2013. Serial Nos. 85784407, 85789870 and 85789873 - 19 - primary geographical significance of the mark as a whole. JT Tobacconists, 59 USPQ2d at 1082. II. Primarily geographically deceptively misdescriptive under § 2(e)(3) Although the Trademark Examining Attorney made a second statutory refusal in each of these three applications, in the alternative, under § 2(e)(3) of the Act, with our having affirmed her refusals that these terms are primarily geographically descriptive under § 2(e)(2) of the Act, we do not reach the alternate refusals under § 2(e)(3) of the Act.30 Decision: The refusals to register Applicant’s marks REDNECK RIVIERA and REDNECK RIVIERA FEST under Section 2(e)(2) of the Lanham Act are hereby affirmed. 30 Applicant’s arguments as to the Office needing to establish a “heightened association” between the services and the place named in the mark (citing to TMEP § 1210.04(b)) and as to the unique challenges of showing “materiality” in cases involving services (citing to TMEP § 1210.05(c)(ii)) would only be relevant in a determination under § 2(e)(3) of the Act.