· 6/24/2003
Courtenay Communications Corporation v. Patricia Hall and Hallmark Capital Corp.
Citations
- 334 F.3d 210
- 67 U.S.P.Q. 2d (BNA) 1210
- 2003 U.S. App. LEXIS 12749
- 2003 WL 21458295
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that use of trademarked term on website in a way that created the impression that the trademarked organization had endorsed defendants’ services was not protected
- even if words in composite mark are generic, its distinctiveness must be considered as a whole, including coloring and design elements
- even if words in composite mark are generic, its distinctiveness must be considered as a whole, including coloring and design elements
- “The district court erred when it did not treat [‘iMarketing News’] as a composite mark.”
- “There are many examples of legally protected marks that combine generic words with distinctive lettering, coloring, or other design elements.”
- even if words in composite mark are generic, its distinctiveness must be considered as a whole, including coloring and design elements
Source: CourtListener parenthetical corpus (CC0).
Judges: McLAUGHLIN, Parker, Sotomayor
Read full opinion on CourtListenerSourced 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.