Topic: it is axiomatic in trademark law that 'side-by-side' compar… · Go Syfert
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Topic #34510

3 canonical passages across 3 cases, quoted by 10 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 Levi Strauss & Co. v. Blue Bell, Inc..

#Case FlagCanonical passage Citers
1 Levi Strauss & Co. v. Blue Bell, Inc. Anchor
ca9 · 1980
green “it is axiomatic in trademark law that 'side-by-side' comparison is not the test.” 4
2 James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., Incorporated
ca7 · 1976
green “must be compared in the light of what occurs in the marketplace, not in the courtroom.” 3
3 Avrick v. Rockmont Envelope Co.
ca10 · 1946
green “a prospective purchaser does not ordinarily carry a sample or specimen of the article he knows well enough to call by its trade name, he necessarily depends upon the mental picture of that which symbolizes origin and ownership of the thing desired.” 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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