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· 10/23/1981

Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.

Citations

  • 659 F.2d 695
  • 212 U.S.P.Q. (BNA) 904
  • 1981 U.S. App. LEXIS 16623

How courts have described this case

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

  • describing the Ortho packaging used for “125 law and garden products in a uniform' family trade dress”
  • explaining with regard to the Lanham Act that “the basic test under every type of ‘unfair competition’ is the ‘likelihood of confusion’ test”
  • intent to derive benefit from plaintiff’s reputation may alone justify finding of confusion
  • “The principal question [in the trade dress infringement context] is whether or not the public is likely to be confused, rather than whether the first comer’s trade dress has acquired secondary meaning.”
  • “[T]he number of nonfunctional words and symbols available for use by later comers in the marketing of their products is unlimited. Similarly, the possible varieties of advertising display and packaging are virtually endless.”
  • instructing district court to issue broad, nationwide injunction

Source: CourtListener parenthetical corpus (CC0).

Judges: Rubin, Randall, Tate

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.