· 10/20/2023
State of West Virginia ex rel. Robert Hooff v. The Honorable Ronald E. Wilson, Judge of the Circuit Court of Ohio County, and The Estate of Sylvia Peace, By and Through Tony Peace, and E. Phillips Polack
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that actual dilution, as opposed to a mere likelihood of dilution, is an essential element of an FTDA claim
- holding that such evidence is sufficient to meet the heightened standard of actual dilution
- finding that a claim for dilution may stand even though the plaintiffs claim for trademark infringement was not successful
- finding that a claim for dilution may stand even though the plaintiff's claim for trademark infringement was not successful
- suggesting that references to “injury to business reputation” in state anti-dilution statutes like Georgia’s are the textual basis for trademark tarnishment claims
- holding there was a complete absence of evidence of any lessening of the capacity of the plaintiffs famous mark to identify and distinguish goods or services
Source: CourtListener parenthetical corpus (CC0).
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