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· 9/3/2002

Herbko International, Inc. v. Kappa Books, Inc.

Citations

  • 308 F.3d 1156
  • 64 U.S.P.Q. 2d (BNA) 1375
  • 2002 U.S. App. LEXIS 18064
  • 2002 WL 2003133

How courts have described this case

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

  • explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under sec- tion 2(d)
  • noting that crossword puzzle design reinforces connotation created by wording CROSSWORD COMPANION
  • applying this approach to a book title that was said to do double duty as a service mark for a product related to the book
  • \[A] showing of actual confusion is not necessary to establish a likelihood of confusion.\ (citation omitted)
  • “This court’s precedent ... clearly holds that the title of a single book cannot serve as a source identifier.”
  • “This court’s precedent ... clearly holds that the title of a single book cannot serve as a source identifier.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Gajarsa, Prost

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.