of secondary meaning, but what the court actually found was just an association between the grill design and Vornado, not that the primary significance of the design in the consumer's mind was as a brand identifier, rather than as a grill type. Some of our previous cases may have led Vornado to believe that mere association is sufficient. See, e.g., Marker Int'l v. DeBruler, 844 F.2d 763, 764 (10th Cir.1988) (stating that a mark has acquired secondary meaning if because of long association with a product or firm it has come to stand for that product or firm in the minds of the public). But the Supreme Court has made clear that the test is the more stringent "primary significance” standard. See Kellogg Co. v. National Biscuit Co., 305 U.S. 111, 118, 59 S.Ct. 109, 113, 83 L.Ed. 73 (1938) (<HOLDING>). For other cases also citing the "primary
holding that plaintiff company could not monopolize name shredded wheat because it had shown only an association in consumers minds of the name with the company not that the terms primary significance to the consuming public was the producer and not the product holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement holding that if an insurance company is as a matter of state law liable to a plaintiff in the personal injury action subsequent discharge of the assured in bankruptcy does not alter the obligation of the insurance company and further finding that it is the policy of the law to discharge the bankrupt but not to release from liabilities those who are liable with him holding that failure of indictment to include the defendants name was not fatal because the original complaint that initiated the prosecution properly listed the defendants name and the record indieated that the defendant  knew what he was charged with and what facts the charge was based upon