Leelanau Wine Cellars, Ltd. v. Black & Red, Inc.

How courts have described this case

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

• holding that Michigan statutory and common law uses the same likelihood-of-confusion test for trademark infringement as under federal law
• noting that “[a] descriptive mark achieves secondary meaning when in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product.”
• refusing to give credence to survey that “did not replicate conditions that consumers would encounter in the marketplace”
• finding a few stories from customers insufficient to demonstrate clear error after a bench trial
• finding mark with presumption of validity was not conceptually strong because it was merely descriptive with a presumed secondary meaning and not incontestable
• “The effect of the statutory presumption contained in § 1115(a) is to shift the burden of proof to the alleged infringer.”

Source: CourtListener parenthetical corpus (CC0).