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Clothing maker, Single - Strap, Inc. ( SS ) , designs an exclusive style of women's one - shoulder strap couture dresses which they market
Clothing maker, SingleStrap, Inc. SS designs an exclusive style of women's oneshoulder strap couture dresses which they market under the slogan "Strapulous!"
Five years ago, SS registered this slogan with the US Patent and Trademark Office.
Last year Trend Now, a discount clothing manufacturer, began using the slogan "Strapulous" on its labels associated with oneshoulder strap dresses that it makes.
SS filed a lawsuit against Trend Now, claiming trademark infringement for the use of the slogan.
What is the best argument that Trend Now can make that could bolster its argument that the slogan, "Strapulous!" should not be protected under the Lanham Act?
The slogan is arbitrary
The slogan has a secondary meaning.
The slogan is descriptive
The slogan is confusing to consumers.
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