Merling v. Carlson

How courts have described this case

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

• indicating that the sales, advertising, and length of use of the mark are to be considered when evaluating the fame of the mark
• explaining that if either party strays beyond their product category set forth in the agreement, they would be subject to a breach of contract action
• noting that “[i]n considering agreements, a naked ‘consent’ may carry little weight,” but “[t]he weight to be given more detailed agreements … should be substantial”
• indicating that the sales, advertising, and length of use of the mark are to be considered when evaluating the fame of the mark
• enumerating factors that may be considered when relevant evidence is of record
• enumerating factors that may be considered when relevant evidence is of record

Source: CourtListener parenthetical corpus (CC0).