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· 6/1/2009

Therapy Products, Inc. v. Bissoon

Citations

  • 623 F. Supp. 2d 485
  • 2009 U.S. Dist. LEXIS 45861
  • 2009 WL 1515678

How courts have described this case

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

  • granting summary judgment where party claiming trademark infringement failed to raise a question of fact as to whether the mark acquired secondary meaning
  • dismissing plaintiffs dilution claim at summary judgment where plaintiff was unable to establish any evidence of secondary meaning
  • granting summary judgment against plaintiff on common law unfair competition claim where plaintiff failed to show “proof of ownership of a protectable mark”
  • rejecting an argument that \significant weight\ should be afforded to the PTO's determination to approve a registration for publication, \because the PTO's approval for publication is only a preliminary determination\
  • sales figures did not support finding of secondary meaning where plaintiff claimed it made over $4 million from sales of the product but failed to show that these sales figures were linked to a product actually bearing the claimed mark

Source: CourtListener parenthetical corpus (CC0).

Judges: Denise Cote

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.