John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-Appellee

How courts have described this case

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

• explaining that both the descriptiveness of the mark and the extent of third-party use “should be considered when analyzing the strength of a particular trademark”
• collecting cases standing for the proposition that extent of third-party use is an important factor in determining the distinctiveness and thus the strength of the mark
• vacating an injunction that did not “adequately specif[y] the acts which [the defendant] must discontinue in order to avoid infringing” the plaintiff’s trade dress
• collecting cases standing for the proposition that extent of third-party use is an important factor in determining the distinctiveness and thus the strength of the mark
• noting that a mark may, “by reason of subsequent use and promotion, acquire such distinctiveness that it can 5 Case: 17-15226 Date Filed: 05/21/2019 Page: 6 of 19 function as a significant indication of a particular producer as source of the goods with which it is used”
• \although we would not necessarily have found a likelihood of confusion on these facts ... we affirm\

Source: CourtListener parenthetical corpus (CC0).