21 Cited authorities

  1. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,116 times   10 Legal Analyses
    Holding that use of competitor's trademark in metatags, which are not visible on a website, is actionable under the Lanham Act
  2. Alliance v. Ray

    699 F.3d 1053 (9th Cir. 2012)   Cited 564 times
    Holding that university must consistently apply policies designed to establish an area as a non-public forum
  3. Official Airline Guides, Inc. v. Goss

    6 F.3d 1385 (9th Cir. 1993)   Cited 709 times
    Holding that district court committed "error" when it "analyzed the strength of [plaintiff's] mark by examining . . . the term 'Travel Planner,' standing alone" where plaintiff alleged that its mark "OAG TRAVEL PLANNER" was infringed by defendants' marks "THE TRAVEL PLANNER USA" and "USA TRAVEL PLANNER"
  4. Network Automation, Inc. v. Advanced Systems Concepts, Inc.

    638 F.3d 1137 (9th Cir. 2011)   Cited 394 times   13 Legal Analyses
    Holding that the similarity of two marks can be tested on three levels: "sight, sound, and meaning."
  5. AMF Inc. v. Sleekcraft Boats

    599 F.2d 341 (9th Cir. 1979)   Cited 1,093 times   20 Legal Analyses
    Holding "Slickcraft" to be suggestive of a fast boat
  6. Fortune Dynamic v. Victoria's Secret

    618 F.3d 1025 (9th Cir. 2010)   Cited 374 times   1 Legal Analyses
    Holding that a material question of fact existed regarding defendant's good faith when the plaintiff introduced evidence that the defendant carelessly failed to investigate the trademark at issue, along with expert testimony that a trademark search would have been standard practice in the relevant industry
  7. Jada Toys, Inc. v. Mattel, Inc.

    518 F.3d 628 (9th Cir. 2007)   Cited 259 times   2 Legal Analyses
    Holding that a reasonable jury could find "Hot Wheels" famous because, inter alia, Mattel had spent $350 million on Hot Wheels advertising since its inception
  8. Applied Information Sciences Corp. v. eBay, Inc.

    511 F.3d 966 (9th Cir. 2007)   Cited 211 times
    Holding that registration of a mark is prima facie evidence of validity and the exclusive right to use the mark
  9. M2 Software, Inc. v. Madacy Entertainment

    421 F.3d 1073 (9th Cir. 2005)   Cited 220 times   1 Legal Analyses
    Holding that, even if the district court's admission of evidence constituted an abuse of discretion, reversal was not warranted because the error was harmless
  10. California Cooler, Inc. v. Loretto Winery, Ltd.

    774 F.2d 1451 (9th Cir. 1985)   Cited 87 times
    Holding that the validity of a composite term "is not judged by an examination of its parts"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 363,942 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,847 times   329 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  13. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,240 times   92 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."