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· 7/11/2002

Tie Tech, Inc. v. Kinedyne Corporation, a New Jersey Corporation

Citations

  • 296 F.3d 778
  • 2002 Daily Journal DAR 7745
  • 2002 Cal. Daily Op. Serv. 6165
  • 63 U.S.P.Q. 2d (BNA) 1587
  • 2002 U.S. App. LEXIS 13911
  • 2002 WL 1477858

How courts have described this case

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

  • concluding that America Online does not stand for the proposition that “registration itself would always raise a material issue of fact”
  • “A necessary concomitant to proving infringement is, of course, having a valid trademark; there can be no infringement of an invalid mark.”
  • “In trademark terms, the registration is not absolute but is subject to rebuttal.”
  • “In trademark terms, the registration is not absolute but is subject to rebuttal.”
  • “[T]he plaintiff in an infringement action with a registered mark is given the prima facie or presumptive advantage on the issue of validity, thus shifting the burden of production to the defendant to prove otherwise.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rymer, McKeown, Gould

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.