ISSUE:
Whether the word "safari" alone can be validly registered as a trademark?
Whether summary judgements may be granted on the Defendant's use of the word "safari"?
RULE:
The Doctrine of Trademark Incapacity states that a word that was once generic is denied trademark protection, even if consumers perceive the word or term as a source signifying. This Doctrine is put in place in order to avoid unnecessary and illogical trademarks from being granted.