· 10/15/1980
M. B. H. Enterprises, Inc. v. Woky, Inc.
Citations
- 633 F.2d 50
- 208 U.S.P.Q. (BNA) 391
- 1980 U.S. App. LEXIS 13120
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- display of call letters and frequency was evidence that defendant did not intend to use plaintiffs slogan as a trademark
- although words “I LOVE YOU” were identical to plaintiffs mark, defendant’s slogan was distinguishable by prominently displayed call letters and frequency
- owner of registered mark “ ‘may not appropriate to itself common English slang terms and thus prevent others from using such phrases in their descriptive sense’”
- defendant’s “I LOVE YOU” slogans attributed quality of civic involvement and words, by themselves, did not designate source of services and thus did not constitute trademark use
- defendant’s prominent display of its call letters and frequency in connection with “I LOVE YOU” slogans indicated defendant as source of advertisements and thus was non-trademark use
- owner of registered mark \’may not appropriate to itself common English slang terms and thus prevent others from using such phrases in their descriptive sense’\
Source: CourtListener parenthetical corpus (CC0).
Judges: Pell, Bauer, Crowley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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