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· 5/14/1997

Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.

Citations

  • 109 F.3d 1070
  • 1997 WL 136798

How courts have described this case

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

  • rejecting the defendant’s argument that “phaseout” agreements between the plaintiff an other infringers constituted naked licenses
  • noting that twenty-six states have anti-dilution statutes
  • Blurring is “a diminution in the uniqueness and individuality of the mark.”
  • “Determining whether or not a particular agreement risks the possibility of allowing an infringing use of the mark, ie., a use that creates a likelihood of .consumer confusion, is, like the entirety of [the defendant’s] abandonment claim, ordinarily a factual inquiry.”
  • “The naked licensing defense has traditionally been used in the context of infringement claims brought by the trademark owner.... ”
  • “A license to use a mark is a transfer of limited rights, less than the whole interest which might have been transferred.” (emphases added; internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, King, Parker

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.