Borinquen Biscuit Corp. v. M v. Trading Corp.

How courts have described this case

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

• holding that “the PTO’s acceptance of these other marks [containing ‘rica’] for registration supports the idea that ‘rica’ can be an inherently distinctive term”
• noting that irreparable harm can be assumed if a trademark holder demonstrates that it is likely to succeed in establishing infringement
• noting that “similarity of the marks” is one of the eight factors the First Circuit considers in analyzing likelihood of confusion (citations omitted)
• finding that market coexistence lasting one year from the junior user’s product proliferation was not long enough to require evidence of actual confusion
• finding that market coexistence lasting one year from the junior user’s product proliferation was not long enough to require evidence of actual confusion
• stating that a putative infringer challenging a registered mark on distinctiveness grounds must prove descriptiveness by a preponderance of the evidence

Source: CourtListener parenthetical corpus (CC0).