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· 2/4/2008

American Express Co. v. Goetz

Citations

  • 515 F.3d 156
  • 85 U.S.P.Q. 2d (BNA) 1913
  • 2008 U.S. App. LEXIS 2421
  • 2008 WL 281823

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • describing that “a mark that does not perform the role of identifying a source is not a trademark”
  • noting that the fact that the phrase “My Life, My Card” was never followed by a reference to the defendant or his company was relevant in determining that he had not used phrase as a service mark
  • “[T]he analogous use doctrine, where it applies, eases the technical requirements for trademarks and services marks in favor of a competing claimant who asserts priority on the basis of earlier analogous use of the mark.”
  • “[T]here can be no trademark absent goods sold.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Cardamone, Pooler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.