First Bank v. First Bank System, Inc. And First Bank, Fsb, Formerly Known as Metropolitan Federal Bank, Fsb

How courts have described this case

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

• explaining that a suggestive mark is one that requires some measure of imagination to reach a conclusion regarding the nature of the product
• noting that asking to clarify an affiliation “indicates a distinction in the mind of the questioner, rather than confusion.”
• explaining that, under 15 U.S.C. § 1115(b), registration of mark is prima facie evidence of validity
• defining secondary meaning as the association in consumers' minds of a mark with a particular source
• finding evidence of misdirected mail and phone calls “de minimis” demonstrating “inattentiveness on the part of the caller or sender rather than actual confusion”
• discussing the plaintiff’s similar elements of proof in a Lanham Act claim asserting a common-law trademark

Source: CourtListener parenthetical corpus (CC0).