Frederic Towers began using the term “The Professional Portfolio System” in November 1982 for a computer-based portfolio valuation system.
Advent Software obtained a registration for the term “The Professional Portfolio” for computer programs used in the field of financial management. Advent first used the term in December 1983, more than one year after Towers’ first use.
Towers petitioned to cancel Advent’s trademark based on the similarities of the marks and the similarities of the goods, but lost.
So why did he lose?
Because Towers’ mark was descriptive and therefore weak. This is the result in the case of Towers v. Advent Software, Inc., 913 F.2d 942 …