Shott v. Vedder Price, P.C.

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’s classifying of a mark as descriptive as opposed to suggestive was clear error and error as a matter of law
• discussing that the alleged owner of a mark bears the burden of proving protected rights in a mark despite being declaratory judgment defendant
• finding that defendant had raised a genuine issue of fact as to use in commerce where it offered evidence that it had a commercial website featuring the mark and several stand-alone advertisements directing consumers to the website prior to plaintiff's use
• remanding for further consideration of infringement claim with respect to two marks with the word “collective.”
• discussing acquired strength in the context of whether a mark is entitled to protection
• purported rights owner, though declaratory judgment defendant, bears the burden of proving protected rights in a mark

Source: CourtListener parenthetical corpus (CC0).