The Federal Circuit in Lyons v. American College of Veterinarian Sports Medicine, 859 F. 3d 1023 (Fed. Cir. 2017) addressed trademark ownership, distinguishing between an idea, concept, mere preparation to use and actual use. Between 1999 and 2001 Sheila Lyons and other veterinarians formed an organizing committee and began using the mark “The American
General Mills filed an application to register the color yellow appearing as the uniform background on a box of Cheerios. It contended that consumers have come to identify the color yellow specifically with Cheerios, when used in connection with the goods. It submitted survey evidence and expert reports to support the claim of acquired distinctiveness.