Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-Appellant

How courts have described this case

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

• holding that increased potential liability for damages by itself was sufficient to show prejudice
• explaining that the absence of consumer surveys is not fatal to a create a triable claim
• explaining that the absence of consumer surveys is not fatal to a create a triable claim
• emphasizing that “survey evidence is the most direct and persuasive evidence” for establishing secondary meaning
• noting that evidence relevant to commercial strength include direct consumer testimony; exclusivity, length, and manner of use; amount and manner of advertising; and amount of sales and number of customers
• stating that “[s]econdary meaning is proven, when, by a preponder- anee of the evidence, ‘it can be determined that the attitude of the consuming public toward the mark denotes a single thing coming from a single source’ ”

Source: CourtListener parenthetical corpus (CC0).