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· 10/11/1977

Big O Tire Dealers, Inc., a Colorado Corporation v. The Goodyear Tire & Rubber Company, an Ohio Corporation

Citations

  • 561 F.2d 1365

How courts have described this case

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

  • explaining that twenty-five percent of the amount the defendant spent on advertising is an appropriate amount to award a plaintiff for prospective corrective advertising
  • finding that discussions had not crystallized to the point of threatened litigation, a clear cut-off point, and were therefore simply “business communications”
  • comparing “trademark disparagement” claim to Colorado’s “slander of title,” which requires a false statement, malice, and special damages
  • remitting corrective- advertising award to the amount “necessary to place [the plaintiff] in the position it was in before” the defendant began its unfair advertising
  • jury could find reverse confusion where large junior user’s multi-million-dollar nationwide advertising campaign overpowered small senior user’s mark
  • reverse confusion occurs where \infringer's use of plaintiff's mark results in confusion as to origin of plaintiff's product\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lewis, Pickett, Barrett

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.