Hanna v. Stroud
Citations
- 13 S.D. 352
- 83 N.W. 365
- 1900 S.D. LEXIS 151
Syllabus
<p>Where an assignor of a bond secured by mortgage guarantied the payment of interest until full payment of the principal, and payment of the principal within two years from maturity, reserving the right to take a reassignment at any time on payment of the principal and accrued interest, it was not discharged from liability on such guaranty because an action to foreclose the bond and mortgage was not beg-un within two yeai-s from maturity, but was liable for. any deficiency thereon after applying the proceeds of sale.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that public recognition as a source identifier cannot “justify denying others the right to refer to their product as what it is”
- emphasizing that “weak marks are entitled to only an extremely narrow scope of protection, unless a convincing combination of other Polaroid factors militates strongly in favor of likelihood of confusion” (internal quotation marks and citation omitted)
- vacating a preliminary injunction where the Second Circuit found that “balance of the hardships did not favor Plaintiff.”
- affirming finding that “Rise” mark for coffee product was suggestive because “the word ‘Rise’ evokes images of morning, which suggests a quality or qualities of the product through the use of imagination, thought, and perception” (cleaned up)
- affirming district court finding that the mark “rise” was suggestive because “rise” “evokes images of morning, which suggest[s] a quality or qualities of the product [coffee] through the use of imagination, thought, and perception” (first alteration in original
- affirming district court decision that a registered suggestive mark was weak
Source: CourtListener parenthetical corpus (CC0).
Judges: Corson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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