Electro Source, LLC v. Brandess-Kalt-Aetna Group, Inc.

How courts have described this case

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

• requiring showing of intent not to resume use to establish abandonment of mark
• reserving the issue of the standard of proof to show trademark abandon- ment
• “The Lanham Act defines abandonment as: (1) discontinuance of trademark use and (2) intent not to resume such use.”
• “Even a single instance of use is sufficient against a claim of abandonment of a mark if such use is made in good faith.”
• “[U]nless the trademark use is actually terminated, the intent not to resume use prong of abandonment does not come into play.”
• \We do not need to flesh out the contours of the 'strict proof' standard because our resolution of this summary judgment appeal rests on the proper legal construction of § 1127 and the determination that factual issues preclude summary judgment in favor of PPI.\

Source: CourtListener parenthetical corpus (CC0).