“ Id. n10 "Secondary meaning is the consuming public's understanding that the mark, when used in context, refers, not to what the descriptive word ordinarily describes, but to the particular business that the mark is meant to identify." Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 125 (4th Cir. 1990) . n11 A generic term is not subject to trademark protection, because "no matter . . . what success [the trademark owner] has achieved in securing public identification, it cannot deprive competing manufacturers of the product of the right to call an article by its name." ”

“ In 1945, Jenkins, using his pseudonym, published "First Contact" in the magazine Astounding Science-Fiction. "First Contact," put simply, is a tale of mankind's first encounter with extraterrestrial life. Although many stories, books, and movies examine alien encounters with earthlings, Jenkins' short story is widely regarded as the prime example of this plot. n2 In that regard, Jenkins' story has been reprinted in numerous anthologies since its initial publication in 1945, and in 1996, twenty-one years after Jenkins' death, the story was honored with a 1946 Retro-Hugo Award. ”

“ Similarly, the Star Trek and Star Wars movies are species of the science fiction genre. There are many standard genres in film and literature, including drama, action, comedy, war, mystery, suspense, thriller, and horror. In time, the body of expressive work becomes more complex ”

“ And, there appears to be a vast "first contact" literature that considers an indigenous people's "first contact" with another civilization. In sum, plaintiffs' trademark infringement, trademark dilution, and misappropriation n26 claims must fail, as FIRST CONTACT is not entitled to trademark protection. Similarly, plaintiffs' claim for the cancellation of defendant's mark relies on plaintiffs' prior use of FIRST CONTACT, a use which, for the reasons noted, lacks trademark significance. ”

“ In total, defendant and its licensees have sold over $ 1 billion of Star Trek-related merchandise. Further evidence of Star Trek's ubiquity is found in a vast and mysterious Star Trek subculture, comprised of people who call themselves Trekkies or Trekkers. In short, through defendant's aggressive merchandising and the enduring popularity of the Star Trek television shows, movies, and books, STAR TREK has become one of the most famous trademarks in the world. ”

“ Summary judgment is appropriate when a party "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." ”

“ The value of a trademark to the trademark holder is tied to the good will that the mark represents to consumers. n8 Consequently, the degree of protection a trademark receives "is directly related to the mark's distinctiveness." ”

“ For example, the genre "independent film," which entered the lexicon relatively recently, now describes an entire class of motion pictures. n18 Examples of this abound. One journalist commented that "'first contact' novels, that is, those that deal with the citizens of Earth first meeting up with extraterrestrials, are nearly ubiquitous in science fiction." ”

“ Yet another journalist concluded that "the subject of first contact with alien species . . . has been one of our century's favorite subjects for fiction." John Lanchester, Arts & Books Feature: Making War on Working, H.G. Wells Memorial, The Daily Telegraph (London) , January 30, 1999, at 5. n19 John Clute and Peter Nicholls, Encyclopedia of Science Fiction 251 (2d ed. 1993) ; see also First Contact (visited March 15, 2000) (listing dozens of "first contact stories," including Jenkins' story) ”