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· 3/30/1983

The University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., Inc.

Citations

  • 703 F.2d 1372
  • 217 U.S.P.Q. (BNA) 505
  • 1983 U.S. App. LEXIS 13574

How courts have described this case

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

  • “[T]he fame of the [plaintiff’s] name is insufficient in itself to establish likelihood of confusion under §2(d)”
  • “[T]he initial and critical requirement is that the name (or an equivalent thereof) claimed to be appropriated by another must be unmistakably associated with a particular personality or ‘persona.’”
  • “[Section] 2(a) was in- tended to preclude registration of a mark which conflicted with another’s rights, even though not founded on the fa- miliar test of likelihood of confusion.”
  • “[Section] 2(a) was in- tended to preclude registration of a mark which conflicted with another’s rights, even though not founded on the fa- miliar test of likelihood of confusion.”
  • “There may be no likelihood of such confusion as to the source of goods even under a theory of ‘sponsorship’ or ‘endorsement,’ and, nevertheless, one’s right of privacy, or the related right of publicity, may be violated.”
  • “There may be no likelihood of such confusion as to the source of goods even under a theory of “sponsorship” or “endorsement,” and, nevertheless, one's right of privacy, or the related right of publicity, may be violated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nichols, Kashiwa, Nies

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.