· 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 CourtListenerSourced 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.