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· 3/3/1997

Knaack Manufacturing Co. v. Rally Accessories, Inc.

Citations

  • 955 F. Supp. 991
  • 42 U.S.P.Q. 2d (BNA) 1649
  • 1997 U.S. Dist. LEXIS 4403
  • 1997 WL 94060

How courts have described this case

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

  • analyzing inherent strength and public identification with a source in determining mark strength
  • “The marks must be compared in light of what occurs in the marketplace, not sitting side by side _”
  • plaintiffs incontestable registrations “creat[e] no presumption of strength in its mark nor do[] [they] broaden the scope of the mark’s protection.”
  • a car cover is not “an impulse item which is purchased like an umbrella when it is raining outside”
  • “[Dissimilarity of products on a company-wide basis makes it even less likely that consumers would believe that the two product types come from the same source.”
  • “The fact that Knaack has sold products under the WEATHER GUARD trademark for twenty-five years does not answer the question of whether the name resonates in the consumers’ consciousness.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Denlow

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.