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3 canonical passages across 2 cases, quoted by 17 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 Emergency One, Incorporated, D/B/A American Eagle Fire Apparatus Company, Incorporated v. American Fire Eagle Engine Company, Incorporated.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Emergency One, Incorporated, D/B/A American Eagle Fire Apparatus Company, Incorporated v. American Fire Eagle Engine Company, Incorporated Anchor | green | “at common law, trademark ownership is acquired by actual use of the mark in a given market.” | 9 |
| 2 | Emergency One, Incorporated, D/B/A American Eagle Fire Apparatus Company, Incorporated v. American Fire Eagle Engine Company, Incorporated | green | “to acquire ownership of a trademark it is not enough to have invented the mark first or even to have registered it first; the party claiming ownership must have been the first to actually use the mark in the sale of goods or services.” | 5 |
| 3 | David Elliott v. Google Inc. | green | “genericide occurs when the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source” | 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.