Realy's,inc.

In this trademark infringement case, Plaintiff Rudolph International, Inc. (“Rudolph”) appeals the district court’s grant of summary judgment to Defendant Realys, Inc. (“Realys”). The district court held that the mark “disinfectable” is generic in the parties’ line of business and cannot be the subject of trademark protection. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Rudolph and Realys manufacture and sell abrasive nail files and related products. California regulations required nail technicians to disinfect all instruments used on multiple customers. See Cal.Code Regs. tit. 16, § 979 (“Disinfecting NonElectrical Instruments and Equipment”), § 981(a) (“All instruments and supplies which come into direct contact with a patron and cannot be disinfected (for example, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste receptacle immediately after use.”). Several other states had similar regulations.

In response to these regulations, Rudolph tested and developed a line of nail files that could withstand the disinfection process. Until April 2001, Rudolph had used the term “sanitizable” to describe its nail files;…