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· 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 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.