· 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 CourtListenerSourced 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.