Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 770 times 41 Legal AnalysesHolding that fanciful, arbitrary, and suggestive marks are inherently distinctive
Clicks Billiards Inc. v. Sixshooters Inc.
251 F.3d 1252 (9th Cir. 2001) Cited 695 times 4 Legal AnalysesHolding that the appearance of a pool hall can be trade dress, and noting that functionality, secondary meaning, and likelihood of confusion are issues of fact
AMF Inc. v. Sleekcraft Boats
599 F.2d 341 (9th Cir. 1979) Cited 1,045 times 18 Legal AnalysesHolding "Slickcraft" to be suggestive of a fast boat
O'Grady v. Superior Court
139 Cal.App.4th 1423 (Cal. Ct. App. 2006) Cited 81 times 1 Legal AnalysesHolding that an online news magazine constitutes a "periodical publication" under a law that was enacted before digital magazines
Rose Art Industries, Inc. v. Swanson
235 F.3d 165 (3d Cir. 2000) Cited 56 times 1 Legal AnalysesAdopting the "consistent overall look" standard when the plaintiff seeks protection for a series or line of products
Prudential Ins. Co. v. Gibraltar Financial
694 F.2d 1150 (9th Cir. 1982) Cited 90 timesHolding that the exclusion of a survey, which showed 14-31 percent of the public identified plaintiff's logo with defendant's, was not prejudicial error "because the survey showed only that the Prudential rock [logo] and the Gibraltar rock [logo] are linked in the public eye"
Bach v. Forever Living Products U.S., Inc.
473 F. Supp. 2d 1110 (W.D. Wash. 2007) Cited 34 timesIn Bach v. Forever Living Products U.S., Inc., 473 F.Supp.2d 1110 (W.D. Wash. 2007), the court concluded that a trademark claim based upon the title of a book was not preempted because the title served a source-identifying function that was at the core of trademark law, and did not involve the protection of creative work underpinning copyright law.
Cartier, Inc. v. Four Star Jewelry Creations, Inc.
348 F. Supp. 2d 217 (S.D.N.Y. 2004) Cited 35 timesHolding that in making false representations to investigators about plaintiffs, defendants were not engaging in widespread dissemination or an organized campaign under the Lanham Act
Moose Creek, Inc. v. Abercrombie Fitch Co.
331 F. Supp. 2d 1214 (C.D. Cal. 2004) Cited 23 times 1 Legal AnalysesFinding plaintiffs' "Moose Creek" word marks not similar in appearance to defendant's moose logo, in part because the doctrine of picture-word equivalency requires the picture mark to portray the entirety of the word mark
Innovation Ventures, LLC v. N2G Distributing, Inc.
635 F. Supp. 2d 632 (E.D. Mich. 2008) Cited 10 timesRejecting application of merger and scenes a faire because although the subject medical statements all expressed the same basic facts, the word choice and word order differed, suggesting no standard way to express the idea
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,943 times 95 Legal AnalysesGranting standing under § 1114 to the legal representative of the registrant of a trademark