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· 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 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.