· 6/28/1999
The Morningside Group Limited v. Morningside Capital Group, L.L.C.
Citations
- 182 F.3d 133
- 51 U.S.P.Q. 2d (BNA) 1183
- 1999 U.S. App. LEXIS 14182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “Drifters” is an arbitrary mark as applied to a musical group
- holding that a service mark is used in commerce in a Section 43(a) trademark infringement context when services are “rendered to others,” that is, “[when] the service provider in fact benefits third parties, regardless of its reason for providing its services.”
- holding “limited” and “L.L.C.” have no distinguishing effect on the similarity of the marks
- finding confusion when plaintiff and defendant both offered financial services of comparable quality to U.S. companies in relation to their acquisition of assets
- condemning wooden application of general rule that sophistication leads to less likelihood of confusion
- noting the successful policing of a mark adds to the strength of a mark
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Sack, Shadur
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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