· 3/12/1980
Reese Publishing Company, Inc. v. Hampton International Communications, Inc., David Berns, and Curtis Circulation Company
Citations
- 620 F.2d 7
- 205 U.S.P.Q. (BNA) 585
- 1980 U.S. App. LEXIS 19693
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that where “the mark is not registered,” the burden is on the proponent to “prove that its mark is a valid trademark”
- holding that “Video Buyer’s Guide” is generic
- affirming dismissal of trademark claims because “Video Buyer’s Guide” was generic
- the title, “Consumer Electronics Monthly” was a generic trademark because “consumer electronics” was the name of a trade
- “In any event, there was sufficient evidence in the record to support the district court’s conclusion that Reese’s mark was generic.”
- Evidence of secondary meaning “at most could have established ‘de facto secondary meaning,’ which cannot suffice to convert a generic term into a trademark”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Waterman, Feinberg
Read full opinion on CourtListenerSourced 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.