Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an Individual

How courts have described this case

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

• noting that a descriptive mark which has attained secondary meaning as a source-identifying mark may be registered
• collecting cases featuring between 11.4 and 25 percent confusion rates as supporting an inference of confusion
• collecting cases featuring between 11.4 and 25 percent confusion rates as supporting an inference of confusion
• “Advertising expenditures, of course, are a measure of the input by which a company attempts to establish a secondary meaning. At issue is the success of this effort. The chief inquiry is directed toward purchasers’ attitudes toward a mark.”
• “Advertising expenditures, of course, are a measure of the input by which a company attempts to establish a secondary meaning. At issue is the success of this effort. The chief inquiry is directed toward purchasers’ attitudes toward a mark.”
• district court not clearly erroneous in according little weight to survey, in part because survey contained leading questions

Source: CourtListener parenthetical corpus (CC0).