· 4/15/1992
Kenner Parker Toys Inc. v. Rose Art Industries, Inc.
Citations
- 963 F.2d 350
- 22 U.S.P.Q. 2d (BNA) 1453
- 92 Daily Journal DAR 5644
- 1992 U.S. App. LEXIS 6961
- 1992 WL 74842
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the fame of a mark does not “cut both ways” in the analysis of the likelihood of confusion
- noting that “the fame of a mark may be measured indirectly ... by the volume of sales and advertising expenditures of the goods traveling under the mark.”
- finding the Trademark Trial and Appeal Board erred by discounting evidence of similarity between marks for children’s modeling clay due to the fame of the opposer’s mark
- \The fifth [ D ] uPont factor ... plays a dominant role in cases featuring a famous or strong mark.\
- “[A] mark with extensive public recognition and renown deserves and receives more legal protection than an obscure or weak mark.”
- “[A] mark with extensive public recognition and renown deserves and receives more legal protection than an obscure or weak mark.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Clevenger, Rader
Read full opinion on CourtListenerSourced 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.