Victoria McArthur, of Romero, Mich., is suing Starbursts' parent company, Mars Inc., for more than $25,000 for "permanent personal injuries" she claims she sustained after biting into one of their yellow candy in 2005. [read post]

  I think this is the right result (though I might’ve called the brand name suggestive), but this case is pretty good evidence that manner of use matters a lot to whether something seems “inherently” to be a trademark. [read post]