Topic: under the lanham act, a plaintiff alleging trademark infrin… · Go Syfert
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Topic #12852

3 canonical passages across 2 cases, quoted by 42 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Tiffany v. Costco.

#Case FlagCanonical passage Citers
1 Tiffany v. Costco Anchor
ca2 · 2020
green “under the lanham act, a plaintiff alleging trademark infringement must demonstrate that (1) 'it has a valid mark that is entitled to protection' and that (2) the defendant's 'actions are likely to cause confusion with that mark.” 26
2 Car-Freshner Corporation v. American Covers, LLC
ca2 · 2020
green “advertising expenditures, consumer studies linking the mark to a source, unsolicited media coverage of the product, sales success, attempts to plagiarize the mark, and the length and exclusivity of the mark's use.” 11
3 Car-Freshner Corporation v. American Covers, LLC
ca2 · 2020
green “is analyzed based on two components: (1) the degree to which the mark is inherently distinctive; and (2) the degree to which it is distinctive in the marketplace.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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