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· 3/21/2011

Community of Christ Copyright Corp. v. Devon Park Restoration Branch of Jesus Christ's Church

Citations

  • 634 F.3d 1005
  • 98 U.S.P.Q. 2d (BNA) 1167
  • 2011 U.S. App. LEXIS 5680
  • 2011 WL 941469

How courts have described this case

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

  • holding that when a defendant’s unlawful conduct “was willful and deliberate, the court may well determine that this is the type of ‘exceptional’ case for which an award of attorney’s fees is appropriate.”
  • affirming the award of attorney fees to prevailing plaintiff after determining defendant’s conduct was willful and deliberate
  • finding mark not generic where defendant could not demonstrate that “registered marks have become generic because they identify religion, not COC as an institution.”
  • rejecting abandonment argument based on evidence of defendant’s ongoing use of marks at issue “in bona fide ways,” asserted intent to continue doing so, and enforcement of its rights in the marks during challenged time period
  • finding a violation of Missouri’s anti-dilution statute by a competitor’s mark
  • trademark holder must show, inter alia, that \infringer's use of its mark created a likelihood of dilution of the distinctive quality of the mark\

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Hansen, Shepherd

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.