· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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