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· 4/14/1999

Time, Inc., Plaintiff-Counter-Defendant-Appellee v. Petersen Publishing Company L.L.C., Defendant-Counter-Claimant-Appellant

Citations

  • 173 F.3d 113
  • 50 U.S.P.Q. 2d (BNA) 1474
  • 1999 U.S. App. LEXIS 7508
  • 1999 WL 212260

How courts have described this case

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

  • observing that suggestive marks require “imagination, thought and perception to reach a conclusion as to the nature of goods”
  • noting that the same test is applicable to claims brought under § 1114 and § 1125(a)
  • “[Ijncontest-ability ... does not alter the breadth of infringement protection that a mark is accorded.”
  • “[T]he law of trademark accords stronger protection to the stylized version of certain words used as trademarks than to those words themselves.”
  • “Registration allows a merely descriptive mark to become incontestable on the basis of lack of secondary meaning”
  • “The use of part or all of the mark by third parties weakens its overall strength.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Walker, Straub

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.