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· 2/27/1998

Lexington Management Corp. v. Lexington Capital Partners

Citations

  • 10 F. Supp. 2d 271
  • 47 U.S.P.Q. 2d (BNA) 1558
  • 1998 U.S. Dist. LEXIS 2145
  • 1998 WL 85871

How courts have described this case

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

  • finding that evidence of similar registrations absent proof of what a company “does” with an alleged mark is not probative of third-party use
  • holding presumption of validity extends only to goods and services noted in the registration certificate
  • finding plaintiffs mark distinctive under Section 43(c)(1) based on finding of strength in infringement analysis
  • finding secondary meaning where company was “referred to only as ‘Lexington’” in media coverage and generally known only by shortform in the industry
  • the mere presence of third-party registration is insufficient absent evidence that the mark is actually used, well-promoted, or recognized by consumers
  • Certificate of registration of a trade or service mark issued by the United States Patent and Trademark Office is prima facie evidence of the validity of the registered mark

Source: CourtListener parenthetical corpus (CC0).

Judges: Preska

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.