Jon P. File
9 Cited authorities
Abercrombie Fitch Co. v. Hunting World, Inc.
537 F.2d 4 (2d Cir. 1976) Cited 815 times 6 Legal AnalysesHolding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit
Paddington Corp. v. Attiki Importers Distr
996 F.2d 577 (2d Cir. 1993) Cited 269 timesHolding that bad faith existed where the defendant selected a similar design to distribute
Tone Bros., Inc. v. Sysco Corp.
28 F.3d 1192 (Fed. Cir. 1994) Cited 72 times 2 Legal AnalysesConsidering secondary meaning survey conducted in 1990 even though allegedly infringing product entered the market in 1998
Brooks Shoe Mfg. Co., v. Suave Shoe Corp.
716 F.2d 854 (11th Cir. 1983) Cited 95 times 2 Legal AnalysesHolding that a design consisting of a "V," "7," or arrow on athletic shoes was common ornamentation such that it was not inherently distinctive
Seabrook Foods v. Bar-Well Foods LTD
568 F.2d 1342 (C.C.P.A. 1978) Cited 100 times 11 Legal AnalysesSetting forth analysis governing inherent distinctiveness of design marks
Wiley v. American Greetings Corp.
762 F.2d 139 (1st Cir. 1985) Cited 55 timesHolding that a red heart on a teddy bear "earrie[d] no distinctive message of origin to the consumer . . . given the heart shape's widespread use as decoration for any number of products put out by many different companies"
Ambrit, Inc. v. Kraft, Inc.
805 F.2d 974 (11th Cir. 1986) Cited 23 timesIn AmBrit, the trademark holder failed to use the mark for 48 years, and then resumed extensive use. During the interim, however, a competitor used a similar mark in commerce.
Turtle Wax, Inc. v. First Brands Corp.
781 F. Supp. 1314 (N.D. Ill. 1991) Cited 16 timesHolding that plaintiff's trade dress for an automobile polish was merely a combination and refinement of elements already prevalent in the relevant product market
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,882 times 126 Legal AnalysesRequiring a filing of a Statement of Use to register a mark