· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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