· 11/24/2010
FreecycleSunnyvale v. Freecycle Network
Citations
- 626 F.3d 509
- 97 U.S.P.Q. 2d (BNA) 1127
- 2010 U.S. App. LEXIS 24174
- 2010 WL 4749044
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “naked licensing is inherently deceptive and constitutes abandonment of any rights to the trademark by the licensor”
- noting that one such example involved \siblings who were former business partners\ for seventeen years
- noting that “[m]ost published lower court decisions 9 that have reached [the] issue appear to have interpreted the ‘strictly proven standard to require 10 ‘clear and convincing evidence”
- noting that “[m]ost published lower court decisions 9 that have reached [the] issue appear to have interpreted the ‘strictly proven standard to require 10 ‘clear and convincing evidence”
- finding no need to decide which standard applies because even applying higher standard of proof, abandonment was shown
- finding no evidence to show contractual control, actual control, or control pursuant to sufficient grounds to trust in the quality control procedures of the licensee
Source: CourtListener parenthetical corpus (CC0).
Judges: Graber, Callahan, Bea
Read full opinion on CourtListenerSourced 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.