· 7/14/1998
Tommy Larsen Tommy Larsen Aps v. Terk Technologies Corporation
Citations
- 151 F.3d 140
- 47 U.S.P.Q. 2d (BNA) 1429
- 1998 U.S. App. LEXIS 16095
- 1998 WL 389138
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that sale of 11,000 decorative CD holders in the United States bearing the plaintiff's mark was deliberate and continuous use
- noting that evidence of intentional, direct copying creates a presumption entitling the party claiming infringement to judgment \in the absence of rebutting proof\
- noting that evidence of intentional, direct copying creates a presumption entitling the party claiming infringement to judgment \in the absence of rebutting proof\
- noting that evidence of intentional, direct copying creates a presumption entitling the party claiming infringement to judgment “in the absence of rebutting proof’
- “[C]ourts have almost unanimously presumed a likelihood of confusion upon a showing that the defendant intentionally copied the plaintiff’s trademark or trade dress.”
- \to receive protection under [1125(a)] a trademark . . . must be \in use\ in commerce\
Source: CourtListener parenthetical corpus (CC0).
Judges: Hamilton, Motz, Williams, Eastern, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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