2016-1939 07-27-2017 Teresa H. EARNHARDT, Appellant v. KERRY EARNHARDT, INC., Appellee Uly Samuel Gunn, Alston & Bird LLP, Atlanta, GA, argued for appellant. Also represented by Larry Currell Jones, Charlotte, NC. David Blaine Sanders, Robinson Bradshaw & Hinson, P.A., Charlotte, NC, argued for appellee. Also represented by Cary Baxter Davis, Matthew Felton Tilley. Chen, Circuit Judge. Uly Samuel Gunn , Alston & Bird LLP, Atlanta, GA, argued for appellant. Also represented by Larry Currell Jones
314 F.Supp. 329 (S.D.N.Y. 1970) 165 U.S.P.Q. 459 LUCIEN PICCARD WATCH CORP., Plaintiff, v. Since 1868 CRESCENT CORPORATION d/b/a Crescent Corporation, Defendant. No. 69 Civ. 3702. United States District Court, S.D. New York. April 30, 1970 Blum, Moscovitz, Friedman & Kaplan, New York City, for plaintiff; Harold I. Kaplan, Martin J. Beran, Ira Allen Paur, New York City, of counsel. Alan W. Borst, New York City, for defendant. MANSFIELD, District Judge. In this trademark infringement case brought against
(a)For a trademark or service mark - (1)Ownership of prior registration(s). In appropriate cases, ownership of one or more active prior registrations on the Principal Register or under the Trademark Act of 1905 of the same mark may be accepted as prima facie evidence of distinctiveness if the goods or services are sufficiently similar to the goods or services in the application; however, further evidence may be required. (2)Five years substantially exclusive and continuous use in commerce. In appropriate