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· 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 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.