Custom Vehicles, Inc. v. Forest River, Inc.

How courts have described this case

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

• noting the difficulty of establishing secondary meaning in a competitive market for similar products
• “[TJhe presumption of validity that registration creates is easily rebuttable, since it merely shifts the burden of production to the alleged infringer.”
• “unless and until” a descriptive mark “achieved secondary meaning ... it could not be a legally protected trademark.”
• registered mark presumed to have secondary meaning
• “A seller must not be permitted to appropriate as the name of its brand a term by which the public knows the product category to which the brand belongs, for that would make it difficult for other sellers of the same product to describe their brands . . . .”

Source: CourtListener parenthetical corpus (CC0).