Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494 (7th Cir. 2001). · Go Syfert
Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494 (7th Cir. 2001). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 6 distinct courts.
Strongest positive: Diamond Assets LLC v. Device Cycles LLC (wiwd, 2022-04-11)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Diamond Assets LLC v. Device Cycles LLC
W.D. Wis. · 2022 · confidence medium
Finally, “[s]uggestive (‘Tide’ laundry detergent), arbitrary (‘Apple’ computers), and fanciful (‘Exxon’ gasoline) marks collectively are distinctive in the sense that secondary meaning is likely to develop, as a result of which any duplicate use of the name is likely to breed confusion about the product's source.” Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496-97 (7th Cir. 2001).
discussed Cited as authority (rule) Volkswagen AG v. The Partnerships and Unincorporated Associations Identified on Schedule \A\""
N.D. Ill. · 2020 · confidence medium
See also CAE, 267 F.3d at 684 (explaining that arbitrary marks are generally afforded broader trademark protection); Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496-97 (7th Cir. 2001) (suggestive, arbitrary, and fanciful marks are collectively “distinctive in the sense that secondary meaning is likely to develop, as a result of which any duplicate use of the name is likely to breed confusion about the product’s source.”).
discussed Cited as authority (rule) Life After Hate, Inc. v. Free Radicals Project Inc. (2×)
N.D. Ill. · 2019 · confidence medium
First, courts look to “how, and how often, the relevant market uses the word in question.” Id. (citing Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 497 (7th Cir. 2001)).
cited Cited as authority (rule) GlobalTap, LLC v. Petersen Manufacturing Co. Inc.
N.D. Ill. · 2018 · confidence medium
Bliss Salon Day Spa v. Bliss World, LLC, 268 F.3d 494, 496-97 (7th Cir. 2001). 16.Park n’ Pool’s infringement is apparent from its website, which markets the counterfeit products to the public.
cited Cited as authority (rule) Allied Van Lines, Inc. v. iMove, Inc.
N.D. Ill. · 2018 · confidence medium
Ill. 2005) (citing Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496-97 (7th Cir.2001)).
cited Cited as authority (rule) Coach, Inc. v. 3D Designers Inspirations
C.D. Ill. · 2014 · confidence medium
Neopost Industrie B.V. v. PFE Intern., Inc., 403 F.Supp.2d 669, 684 (N.D.Ill.2005) (citing Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496-97 (7th Cir.2001)).
discussed Cited as authority (rule) Neopost Industrie B v. v. PFE International, Inc. (2×)
N.D. Ill. · 2005 · confidence medium
Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496-97 (7th Cir.2001). 2.
cited Cited "see" Uncommon, LLC v. Spigen, Inc.
7th Cir. · 2019 · signal: see · confidence high
See Bliss Salon Day Spa v. Bliss World LLC , 268 F.3d 494 , 497 (7th Cir. 2001) ; Spraying Sys. , 975 F.2d at 393 .
cited Cited "see" Uncommon, LLC v. Spigen, Inc.
7th Cir. · 2019 · signal: see · confidence high
See Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 497 (7th Cir. 2001); Spraying Sys., 975 F.2d at 393 .
discussed Cited "see" H-D Michigan, Inc. v. Top Quality Service, Inc. (2×)
7th Cir. · 2007 · signal: see · confidence high
See Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496 (7th Cir.2001).
cited Cited "see" H-D Michigan Inc v. Top Quality Service
7th Cir. · 2007 · signal: see · confidence high
See Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496 (7th Cir. 2001).
discussed Cited "see, e.g." Reddi Beverage Company LLC v. Floral Beverages, LLC
N.D. Ill. · 2023 · signal: see also · confidence medium
According to the Seventh Circuit, “the undisputed and prevalent use of the word in the market means that it is not inherently distinctive.” Id. at 422 ; see also Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 497 (7th Cir. 2001) (finding that “BLISS marks are a glut on the market in hair styling and beauty care[,]” and therefore, “[t]hey are not distinctive, so the word does not belong in the ‘suggestive’ cubbyhole.”).
cited Cited "see, e.g." Facebook, Inc. v. Teachbook. Com LLC
N.D. Ill. · 2011 · signal: see also · confidence medium
Id.; see also Bliss Salon Day Spa v. Bliss World LLC, 268 F.3d 494, 496 (7th Cir.2001); Packman v. Chicago Tribune Co., 267 F.3d 628, 638 (7th Cir.2001).
Retrieving the full opinion text from the archive…
BLISS SALON DAY SPA, Plaintiff-Appellant,
v.
BLISS WORLD LLC, Defendant-Appellee
01-1173.
Court of Appeals for the Seventh Circuit.
Oct 4, 2001.
268 F.3d 494
2001 U.S. App. LEXIS 21452
2001 WL 1169929
Harry Levy (argued), Emrich & Dith-mar, Chicago, IL, for Plaintiff-Appellant., Richard Z. Lehv (argued), Fross, Zel-nick, Lehrman & Zissu, New York City, for Defendant-Appellee.
Bauer, Easterbrook, Manion.
Cited by 18 opinions  |  Published
EASTERBROOK, Circuit Judge.

Both parties to this suit use the mark Bliss in connection with beauty salons and beauty-care products, such as shampoo. Bliss Salon is the senior user between the two, having opened in 1979 its one and only outlet in Wilmette, a suburb of Chicago. Bliss World adopted the mark in 1996 when it opened Bliss Spa in the Soho district of New York. It has set out to create an international chain of beauty parlors, also selling Blissout and Blis-slabs products in retail outlets such as Saks Fifth Avenue, by catalog, and through a web site. Bliss World registered its marks in 1997 for use in connection with spas and beauty-care products, a step that Bliss Salon neglected; it is uncontested that Bliss World adopted the mark without knowledge of Bliss Salon’s prior use.

In this action under § 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), Bliss Salon seeks an injunction that would forbid Bliss World to open a beauty parlor, or sell any of its products, within 100 miles of Chicago’s Loop. The district court denied Bliss Salon’s motion for a preliminary injunction, 2000 WL 1898597, 2000 U.S. Dist. Lexis 18871 (N.D.Ill.Dec. 22, 2000), and on this appeal Bliss Salon has all but ignored the deference accorded by an appellate court to a decision about preliminary relief. See Maxim’s Ltd. v. Badonsky, 772 F.2d 388, 390 (7th Cir.1985); Ty, Inc. v. Jones Group, 237 F.3d 891, 896 (7th Cir.2001).[*496] Plaintiff sealed its fate by making an outlandish demand: Milwaukee, Rockford, Gary, and South Bend all are part of the 31,416 square miles that lie within 100 miles of the Loop, yet few residents of these cities are likely to know about a one-store operation to the northwest of Chicago, so there is only slight risk that goods offered by Bliss World will be mistaken for the products of Bliss Salon. (Unless Bliss Salon itself causes the confusion. For seven months Bliss Salon printed the URL of Bliss World’s web site on its own price lists and business cards, and in an instance of cybersquatting plaintiff registered the domain name “blissdayspa.com”, the name of defendant’s flagship outlet, while omitting the word “salon” that distinguishes the two firms.) The risk of confusion between Bliss World and Bliss Salon is low even near Chicago, because many other firms in the beauty industry (at least one in Chicago, perhaps ten within the 100-mile radius, and a few with national distribution) use Bliss as a mark for some of their wares. This may make it hard to employ Bliss as a designation of source for any product; it makes it all but impossible to imagine that a consumer seeing the mark Bliss would assume that the product or service must come from Bliss Salon Day Spa of Wilmette. And without a likelihood of confusion about source, there is no claim under § 43(a)(1)(A) of the Lanham Act.

At oral argument plaintiffs counsel invited us to cut the radius from 100 miles to 25 (a mere 1,963 square miles), but this is not the right forum; our task is to decide whether the district judge abused her discretion, not to make an independent decision about appropriate relief. And a smaller radius would do Bliss Salon no good, at least on this record. So far as the record reveals, not a single customer has ever expressed confusion about source, returned one of Bliss World’s products to Bliss Salon seeking a refund, or complained to Bliss Salon about the high prices in Bliss World’s catalog. Bliss Salon has not conducted a survey or offered any other means by which the district court could infer a likelihood of confusion in the future.

Instead Bliss Salon argues that it is entitled to relief without the need for evidence, because the word “bliss” is “suggestive,” and all “suggestive” marks are protected automatically, without need to prove secondary meaning or likely confusion. “Bliss” is not generic, and it does not describe any attribute of hair styling or shampoo. Emotions are not product attributes; if one could achieve “bliss” by washing one’s hair many religious leaders and psychoanalysts would be out of business. Thus the word must be “suggestive,” and a suggestive mark creates an entitlement to protection from usurpers, the argument wraps up.

That is itself a misleading (confused?) statement of trademark law. Section 43(a)(1)(A) provides relief only when another person’s use of a mark “is likely to cause confusion, or to cause mistake, or to deceive ... as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person”. Proof of likely confusion about source is a statutory requirement. Judge Friendly proposed the continuum of generic, descriptive, suggestive, arbitrary, and fanciful marks as a heuristic, a means to guide thought rather than to replace the statutory requirements. See Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9-11 (2d Cir.1976). Suggestive (“Tide” laundry detergent), arbitrary (“Apple” computers), and fanciful (“Exxon” gasoline) marks collectively are distinctive in the sense that secondary meaning is likely to develop, as a result of which any duplicate use of the name is likely to breed[*497] confusion about the product’s source. Generic marks, on the other hand, designate the products themselves rather than any particular maker, and descriptive marks might (but usually won’t) acquire distinctiveness. Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205, 212-13, 120 S.Ct. 1339, 146 L.Ed.2d 182 (2000), approved this general approach (and applied it to trade dress) while insisting that marks actually he distinctive if they were to qualify for the “inherently distinctive” category.

A court cannot choose between the “descriptive” and “suggestive” categories on the basis of a dictionary; Judge Friendly’s continuum is functional, and placement must be functional too. This is why we held in Platinum Home Mortgage Corp. v. Platinum Financial Group, 149 F.3d 722, 730 (7th Cir.1998), that the word “platinum” is descriptive rather than suggestive in the financial-services industry. Platinum, like the phrase “gilt-edged,” suggests high quality or elegance, and issuers of credit cards or mortgage loans may choose it because of the association with the upper crust; in this linguistic sense the word is suggestive. But because so many firms use the word (and the color) for financial products, it cannot be inherently distinctive; quite the contrary, it is no more distinctive than a “gold card” or “born with a silver spoon in his mouth.” Functionally, therefore, the word had to go in the descriptive category. “Tide” detergent is linguistically suggestive (it suggests the cleansing action of water), but this mark is and remains legally suggestive only because it has retained distinctiveness as a product identifier. Bliss marks are a glut on the market in hair styling and beauty care. They are not distinctive, so the word does not belong in the “suggestive” cubbyhole. If Bliss Salon wants to get anywhere in this litigation, it will have to prove that its mark has acquired secondary meaning and that Bliss World’s use of the same mark is likely to cause confusion about source in or near Wilmette. See Sunmark, Inc. v. Ocean Spray Cranberries, Inc., 64 F.3d 1055 (7th Cir.1995); cf. Zazú Designs v. L’Oréal, S.A., 979 F.2d 499 (7th Cir.1992).

AFFIRMED.