904.03(i)(A) Picture or Description of the Goods
In order for a display to be associated with the goods (see TMEP §904.03(g)), there must be a reference to the goods on the web page, that is, a picture or description of the goods. See In re Sones, 590 F.3d 1282, 1288-89, 93 USPQ2d 1118, 1123-24 (Fed. Cir. 2009). A description will suffice if "the actual features or inherent characteristics of the goods are recognizable from the textual description." Id. at 1289, 93 USPQ2d at 1124. The level of detail required depends on the type of goods at issue. Id. Standard products (e.g., television sets, baseball gloves, or pet food) typically will not require a comprehensive description for the consumer to understand what the goods are. Complicated or sophisticated products (e.g., computer products, medical devices, or industrial machinery) may require a more detailed description, in the absence of a picture of the goods.