The L.D. Kichler Co. v. Davoil, Inc. (D/b/a Quorum International)

How courts have described this case

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

• holding that in the trademark context, “substantially exclusive” use does not mean totally exclusive use
• noting that 15 U.S.C.A. § 1052(f) indicates that it is prima facie evidence of distinctiveness if trademark used exclusively and continuously for five years
• “Fraud in procuring a ... mark occurs when an applicant knowingly makes false, material representations of fact in connection with an application.”
• “substantially exclusive” allows for inconsequential or infringing uses

Source: CourtListener parenthetical corpus (CC0).