Higginbotham v. Mobil Oil Corp.

How courts have described this case

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

• evaluating design based on drawing, not on appellant’s characterization of the design
• “An application which includes a claim to rights in unregistrable subject matter must be rejected.”
• “An application which includes a claim to rights in unregistrable subject matter must be rejected.”
• “How the mark is used in the marketplace and what it means to the public are the appropriate considerations, not a technicality of what language appears in an application.”
• “One who chooses a commonplace design for his package … must expect to have to identify himself as the source of goods by his labelling or some other device”
• “One who chooses a commonplace design for his package … must expect to have to identify himself as the source of goods by his labelling or some other device”

Source: CourtListener parenthetical corpus (CC0).