Flynn v. AK Peters, Ltd.

How courts have described this case

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

• noting that the court must determine the class of consumers relevant for secondary meaning purposes
• explaining that a plaintiff’s testimony “that a handful of strangers have told her that they recognized her from a talk or that they had read her [work]” is “limited anecdotal evidence [that] does little to establish that her name has acquired secondary meaning”
• affirming lower court's judgment as a matter of law on the basis of failure to prove actual damages in a contract claim where plaintiff did not argue for nominal damages and argued instead that she had proven damages
• recognizing first three factors only
• “[T]he individual seeking protection 18 for a mark bears the burden of proving that secondary meaning has attached within the relevant class of consumers.”
• “[T]he individual seeking protection 18 for a mark bears the burden of proving that secondary meaning has attached within the relevant class of consumers.”

Source: CourtListener parenthetical corpus (CC0).