· 3/26/1965
Karlby v. Allen
Citations
- 52 C.C.P.A. 1838
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the elements of a state unfair competition claim mirror those of federal statutory trademark infringement
- explaining that \summary judgment in trademark infringement cases must be approached with great caution\ when a finding of fact requires weighing multiple factors
- acknowledging there will be “rare” occasions when the proffered survey is “so flawed as to be completely unhelpful to the trier of fact and therefore inadmissible”
- stating that it is rare that a survey is so flawed that it is inadmissible and that “shortcomings in the survey results go to the proper weight of the survey and should be evaluated by the trier of fact.”
- remanding for “a more plenary explanation” for the district court’s denial of attorney’s fees as a discovery sanction under Rule 37 because “the denial of sanctions with no explanation may constitute an abuse of discretion”
- “[A] motion for summary judgment in trademark infringement eases must be approached with great caution.”
Source: CourtListener parenthetical corpus (CC0).
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.