Topic: only active use allows consumers to associate a mark with p… · Go Syfert
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Topic #17249

7 canonical passages across 6 cases, quoted by 23 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 Zazu Designs, a Partnership v. L'oreal, S.A..

#Case FlagCanonical passage Citers
1 Zazu Designs, a Partnership v. L'oreal, S.A. Anchor
ca7 · 1992
green “only active use allows consumers to associate a mark with particular goods and notifies other firms that the mark is so associated.” 5
2 Berghoff Restaurant Co., Inc. v. Lewis W. Berghoff, Inc., and Lewis W. Berghoff
ca7 · 1974
green “in litigation between persons of the same personal name using the name as a trademark, it is common practice to balance the rights by a limited injunction which, while not preventing the use of a personal name altogether, requires ... disclaimers.” 3
3 International Kennel Club Of Chicago, Inc. v. Mighty Star, Inc.
ca7 · 1988
green “ikc officials began receiving telephone calls (at a rate of about one per day), letters, and personal inquiries from peo- ple expressing confusion as to the plaintiff's relationship to the international kennel club stuffed dogs.” 3
4 Xu Liu v. Price Waterhouse LLP and Computer Language Research, Inc., Defendants/third-Party v. Xiaomei Yang, Third-Party
ca3 · 2002
green “in ap- plying this de novo standard of review, we evaluate whether any reasonable jury could have reached the same conclusion.” 3
5 Ronald Burzlaff v. Thoroughbred Motorsports Incor
ca7 · 2014
green “in crafting jury instructions, however, the district court is afforded substan- tial discretion, and we will reverse only if it failed to state the law completely and correctly and the error caused prejudice.” 3
6 S.C. Johnson & Son, Inc. v. Nutraceutical Corporation
ca7 · 2016
green “a party must show first, adoption, and second, use in a way sufficiently public to identify or distinguish the marked goods in an appropriate segment of the public mind as those of the adopter of the mark.” 3
7 S.C. Johnson & Son, Inc. v. Nutraceutical Corporation
ca7 · 2016
green “a trademark application is always subject to previously es- tablished common law trademark rights of another party.” 3

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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