Fuji Kogyo Co., Ltd v. Pacific Bay International, Inc.

How courts have described this case

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

• considering testimony that alternative designs would not be acceptable to consumers
• “Trademark law cannot properly make an end run around the strict requirements of utility patent law by giving equivalent rights to exclude.” (brackets and internal quotation marks omitted)
• “[I]f the particular design is essential to the use of the article, it can not be the subject of a design patent.”
• “Registration of a trademark gives rise to a rebuttable presumption that the trademark is valid. The burden falls on a challenger to rebut this presumption.”
• “The existence of design patents does not preclude the same product from protection as a trademark under the Lanham Act either simultaneously or successively.”

Source: CourtListener parenthetical corpus (CC0).