PUZZLER: FREEDOM FRIES for FRENCH FRIES NAME OR SOURCE IDENTIFIER?

In re Grand Forest Holdings Incorporated (Serial Number 78220033), the TTAB illustrated just how thin the line can be between descriptiveness and distinctiveness. Despite evidence documenting numerous third party uses of Freedom Fries as a name for French fries, including action by the US House of Representatives changing all references to French fries on the congressional cafeteria menu to Freedom Fries as a gesture of displeasure over France’s opposition to the war in Iraq, the Board, in a Citable Decision found that the record "lack(ed)...significant evidence that, when prospective purchasers encounter the term FRENCH FRIES used on frozen French fried potatoes, they will immediately understand that it identifies a feature, quality, or characteristic of applicant’s goods or that is it a secondary name of applicant’s goods." The record included details of similar menu changes by national restaurant chains such as Fuddruckers as well as a cacophony of newspaper commentary on the issue.