· 9/22/1915
Commonwealth v. Caldwell's
Citations
- 165 Ky. 674
- 178 S.W. 1029
- 1915 Ky. LEXIS 583
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the legal standards for unfair competition and trademark infringement under the Lanham Act are essentially the same
- “[T]he [c]ourt cannot adopt [the plaintiff]’s conclusory assertion that the undisputed evidence demonstrates [the] defendant’s improper intent to capitalize on [the plaintiff]’s name and reputation. Therefore, this factor does not favor a finding of a likelihood of confusion.”
- “To be famous in the context of a trademark dilution claim, the mark must have a degree of distinctiveness and strength beyond that needed to serve as a trademark; it must be truly prominent and renowned.” (quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Turner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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