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· 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 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.