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· 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 CourtListener

Sourced 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.