· 9/6/2002
Cumulus Media, Inc. v. Clear Channel Communications, Inc.
Citations
- 304 F.3d 1167
- 53 Fed. R. Serv. 3d 823
- 64 U.S.P.Q. 2d (BNA) 1353
- 2002 U.S. App. LEXIS 18485
- 2002 WL 31000244
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that preliminary injunctions are, by their nature, products of an expedited process often based upon an undeveloped and incomplete evidentiary record
- holding that an evidentiary hearing is required for entry of a preliminary injunction “where facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should issue.”
- noting that announcement of a company’s name change “does not alone serve to make a prima facie showing of abandonment,” instead the party alleging abandonment “must also introduce evidence of nonuse”
- approving the scope of a preliminary injunction under the safe-distance rule
- \[A] defendant who successfully shows that a trademark plaintiff has abandoned a mark is free to use the mark[.]\
- “Preliminary injunctions are, by their nature, products of an expedited process often based upon an underdeveloped and incomplete evidentiary record.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Marcus, Fullam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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