GB II Corporation

17 Cited authorities

  1. Wal-Mart Stores, Inc. v. Samara Brothers, Inc.

    529 U.S. 205 (2000)   Cited 806 times   41 Legal Analyses
    Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
  2. Inwood Laboratories v. Ives Laboratories

    456 U.S. 844 (1982)   Cited 1,299 times   25 Legal Analyses
    Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
  3. Traffix Devices, Inc. v. Marketing Displays, Inc.

    532 U.S. 23 (2001)   Cited 608 times   29 Legal Analyses
    Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff
  4. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 581 times   52 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"
  5. Thomas Betts Corp. v. Panduit Corp.

    65 F.3d 654 (7th Cir. 1995)   Cited 87 times
    Holding that "Copying is only evidence of secondary meaning if the defendant's intent in copying is to confuse consumers and pass off his product as the plaintiff's. In that situation, the defendant's belief that plaintiff's trade dress has acquired secondary meaning — so that his copying will indeed facilitate his passing off — is some evidence that the trade dress actually has acquired secondary meaning."
  6. Converse, Inc. v. Int'l Trade Comm'n

    907 F.3d 1361 (Fed. Cir. 2018)   Cited 40 times   3 Legal Analyses
    Holding party must prove design acquired secondary meaning before first infringement
  7. Enzo Biochem, Inc. v. Gen-Probe Inc.

    424 F.3d 1276 (Fed. Cir. 2005)   Cited 62 times   1 Legal Analyses
    Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment
  8. In re Morton-Norwich Products, Inc.

    671 F.2d 1332 (C.C.P.A. 1982)   Cited 110 times   2 Legal Analyses
    Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection
  9. Valu Engineering, Inc. v. Rexnord Corp.

    278 F.3d 1268 (Fed. Cir. 2002)   Cited 60 times   4 Legal Analyses
    Holding that a consideration in determining whether a particular product feature is functional is the existence of "advertising materials in which the originator of the design touts the design's utilitarian advantages"
  10. In re Becton, Dickinson & Co.

    675 F.3d 1368 (Fed. Cir. 2012)   Cited 18 times   1 Legal Analyses

    No. 2011–1111. 2012-04-12 In re BECTON, DICKINSON AND COMPANY. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With her on the brief was Raymond T. Chen, Solicitor. Of counsel was Amy Nelson. CLEVENGER 4,741,446, 4,991,104, 6,602,206. Cited. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,924 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark
  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,053 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark