green
Positive treatment
Quoted verbatim 1×
4.3 score
G Cite
cited 2× by 1 distinct case, last quoted 1994 ·
…the 'important ingredient in the commercial success of the product' formulation is much too open-ended and vague to be a useful rule of law.
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited "but see"
Brandir International, Inc. v. Cascade Pacific Lumber Co.
But cf. Animal Fair, Inc. v. Amfesco Indus., Inc., 620 F.Supp. 175, 186-88 (D.Minn.1985) (holding bear-paw design conceptually separable from the utilitarian features of a slipper), aff'd mem., 794 F.2d 678 (8th Cir.1986).
discussed
Cited "but see"
Brandir International, Inc. v. Cascade Pacific Lumber Co.
But cf. Animal Fair, Inc. v. Amfesco Indus., Inc., 620 F.Supp. 175, 186-88 (D.Minn.1985) (holding bear-paw design conceptually separable from the utilitarian features of a slipper), aff'd mem., 794 F.2d 678 (8th Cir.1986).
examined
Cited as authority (quoted)
Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-Appellees
(2×)
the 'important ingredient in the commercial success of the product' formulation is much too open-ended and vague to be a useful rule of law.
discussed
Cited "see"
Galiano v. Harrah's Operating Co.
See id. 22 .See, e.g., Animal Fair Inc. v. Amfesco Indus., 620 F.Supp. 175 (D.C.Minn.1985), aff'd mem., 794 F.2d 678 (8th Cir.1986) (holding that slipper depicting a bear's foot entitled to copyright protection because it was essentially a fanciful artistic rendition of a bear's foot); National Theme Prod. v. Beck, 696 F.Supp. 1348 (S.D.Cal.1988) (holding that masquerade costumes are entitled to copy *421 right protection because their design and form have little to do with their suitability as wearing apparel — they were essentially a collection of accessories); Whimsicality, 891 F.2d at 45…
discussed
Cited "see"
Gateway, Inc. v. Companion Products, Inc.
See Animal Fair, Inc. v. AMFES-CO Indus., Inc., 620 F.Supp. 175 (D.Minn.1985), aff 'd without opinion, 794 F.2d 678 (8th Cir.1986) (bear foot trademark used on slippers subject to trademark protection). [¶ 41] Gateway has an incontestible registered trademark for black and white cow spots, Gateway uses its cow-spots trademark to distinguish its computer products and its computer accessories from goods made by others.
Retrieving the full opinion text from the archive…
Ryan
v.
Burlington Northern
v.
Burlington Northern
85-1891.
Court of Appeals for the Eighth Circuit.
Apr 1, 1986.
Published
Citer courts: Eighth Circuit (2)