Nabisco v. Warner-Lambert Co.

How courts have described this case

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

• noting that “extensive use” of the term “Ice” by third parties in the confections field “considerably weakened]” the “Ice Breakers” mark
• considering “over 36 uses and/or registrations of the term ‘Ice’ on chewing gum, mints, candy, and related products”
• finding the plaintiff’s “Ice Breakers” mark comparatively weak when compared to other products bearing similar names “within the confections field”
• “Secondary meaning is what associates a mark with a particular source in the mind of the consumer, which may be demonstrated by a myriad of factors, including evidence of money spent on [the] product (ie., advertising and marketing expenditures

Source: CourtListener parenthetical corpus (CC0).