· 8/20/1980
Squirtco, Cross-Appellee v. The Seven-Up Company, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-Appellants
Citations
- 628 F.2d 1086
- 207 U.S.P.Q. (BNA) 897
- 1980 U.S. App. LEXIS 14748
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- identifying several factors to be considered in the \success on the merits\ analysis in a trademark case
- finding similarity of product when the defendant marketed its parody of the same types of items that the plaintiff sold
- listing the following as factors to consider in -8- assessing the likelihood of confusion: (1) the strength of the owner’s mark; (2) the similarity of the owner’s mark and the alleged infringer’s mark; (3) the degree to which the products compete with each other; (4
- “Competitive proximity is one factor to be considered, even though infringement may be found in the absence of direct competition.”
- “A strong and distinctive trademark is entitled to greater protection than a weak or commonplace one.”
- “A strong and distinctive trademark is entitled to greater protection than a weak or commonplace one.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stephenson, McMillian, Vietor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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