Skip to main content
· 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 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.