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UNITED OIL HEAT, INC. v. M.J. MEEHAN EXCAVATING, INC.

No. 18-P-325.

95 Mass. App. Ct. 579 (2019)

UNITED OIL HEAT, INC. v. M.J. MEEHAN EXCAVATING, INC., & another.

Appeals Court of Massachusetts, Bristol.

July 12, 2019.

Attorney(s) appearing for the Case

Mark A. Berthiaume ( Zachary C. Kleinsasser also present) for the defendants.

Ryan E. Prophett for the plaintiff.

Present: NEYMAN, DITKOFF, & ENGLANDER, JJ.

In this case we consider whether the Internet domain name "OrderMyOil.com" is entitled to trademark protection under Massachusetts common law. On the complaint before us, we hold that OrderMyOil.com is a generic name that is ineligible for such protection. Accordingly, this case presents the rare instance

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