Tone Brothers, Inc. v. Sysco Corporation, Defendant/cross-Appellant

How courts have described this case

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

• considering a secondary meaning survey conducted in 1990 although the allegedly infringing party entered the market in 1988
• listing, as examples of circumstantial evidence, advertising, sales figures, and intentional copying by competitors
• students asked to test functional features of spice containers prior to the critical date; summary judgment of invalidity reversed
• “The court must bear in mind the actual quantum and quality of proof necessary to support liability under the applicable law.”
• “The court must bear in mind the actual quantum and quality of proof necessary to support liability under the applicable law.”
• “The court must bear in mind the actual quantum and quality of proof necessary to support liability under the applicable law.”

Source: CourtListener parenthetical corpus (CC0).