Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)

How courts have described this case

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

• holding that the District Court should not have credited alleged third-party uses of mark where “[t]he record [did] not contain any evidence to support the claim that plaintiffs trademark was weakened by uses of similar marks by third parties”
• stating that Plaintiff uses her marks on products including “shower gels,” “[Potion,” “perfume,” “[b]ody wash,” and “[fjragrence [o]ils”
• finding that evidence of third-party registrations was insufficient to weaken a trademark where “[d]efendant introduced no evidence that these trademarks were actually used by third parties, that they were well promoted or that they were recognized by consumers”
• finding that evidence of third-party registrations was insufficient to weaken a trademark’s acquired distinctiveness where “[defendant introduced no evidence that these trademarks were actually used by third parties, that they were well promoted or that they were recognized by consumers”
• permitting defendant to use its tradename “in small type, but only in conjunction with other words which prevent any likelihood of confusion”
• permitting defendant to use its tradename “in small type, but only in conjunction with other words which prevent any likelihood of confusion”

Source: CourtListener parenthetical corpus (CC0).