raymor

Which is exactly why it's a reasonable trademark / service mark. You can't trademark "homegrown tomatoes", but you you can trademark "Homegrown Video" exactly because videos aren't grown, much less at home. "Homegrown tomatoes" is what they call "merely descriptive". The famous comparison is that you can trademark "Apple Computers" but not "Apple Pie" because Apple's don't have anything to do with computers. "Apple" has meaning in the computer industry ONLY as a brand. "Apple Pie" merely describes the pie.

Homegrown Video would argue that "Homegrown", when applied to porn, is meaningless except as a brand. The OP would argue that "homegrown" means the same thing as "homemade", so it's merely descriptive of homemade porn. Both would have reasonable arguments, so it would come down to evidence presented about how well known the brand is, etc. It could even be affected by the fact that the judge is a human and if one party was a complete asshat the judge might want to find a way to rule against them. It's happened more than once.

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