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· 9/19/1972

Modular Cinemas of America, Inc. v. Mini Cinemas Corp.

Citations

  • 348 F. Supp. 578
  • 175 U.S.P.Q. (BNA) 355
  • 1972 U.S. Dist. LEXIS 11934

How courts have described this case

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

  • holding that neither incorporation nor mere advertisement demonstrated use sufficient to establish statutory prior user defense because trademark rights are not acquired through adoption or intention to use but, rather, through actual use in trade
  • “There is no such thing as property in a trademark except a right pertaining to an established business with which the mark is employed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edelstein

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.