Carl M. Martahus, D/B/A Video Cassette Duplication Services v. Video Duplication Services, Inc.

How courts have described this case

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

• “A ‘trade name’ is any name used by a person to identify his or her business or vocation”
• “A trade name which also has significance as either a trademark or a service mark may be registered, whereas a trade name lacking any such significance may not”
• “a trade name lacking any independent trademark or service mark significance may bar registration [under Section 2(d)] of a trademark or service mark that is confusingly similar to that trade name”
• “We review any factual findings underlying a priority determination for clear error.”
• “mere attorney arguments unsubstantiated by record evidence are suspect at best”
• “[M]ere attorney arguments unsubstantiated by record evidence are suspect at best.”

Source: CourtListener parenthetical corpus (CC0).