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· 10/11/1985

Kimberly-Clark Corporation v. H. Douglas Enterprises, Ltd.

Citations

  • 774 F.2d 1144
  • 227 U.S.P.Q. (BNA) 541
  • 1985 U.S. App. LEXIS 15296

How courts have described this case

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

  • stating that trade dress associated with the mark of the opposed registration was irrelevant in distinguishing the mark because “such dress might well be changed at any time; only the word mark itself is to be registered”
  • HUGGIES found to be a famous mark for diapers: over $300 million in sales over 9 years, $15 million in advertising in one year
  • HUGGIES found to be a famous mark for diapers: over $300 million in sales over 9 years, $15 million in advertising in one year
  • HUGGIES for disposable diapers and DOUGIES for combination training pants and disposable diapers
  • products displayed in same section of store
  • \It is settled ... that a distinction in trade dress cannot weigh against likelihood of confusion with respect to the registration of a simple word mark ... [because] such dress might well be changed at any time; only the word mark itself is to be registered.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Davis, Harvey

Read full opinion on CourtListener

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.