Questão jurídica principal
Whether the words 'PNEUS ONLINE' in POH's combined mark were distinctive and could block Delticom's domain names
Decisão extraída
The verbal element was descriptive and belonged to the public domain; POH could not rely on the combined mark to prohibit use of those words as such.
Fundamentação extraída
'PNEUS' and 'ONLINE' immediately describe online tire sales; the combination does not create a sufficiently distinctive fantasy sign.