United Steelworkers v. North Bend Terminal Co.

How courts have described this case

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

• stating that while “advertising is a relevant factor in determining whether a mark has acquired a secondary meaning, it is the effect of such advertising that is important, not its extent”
• affirming summary judgment for defendant; finding \ten months is simply not sufficient time to establish secondary meaning in the market place.\
• to establish secondary meaning, a user must “show that secondary meaning existed prior to the date on which the defendant commenced using the same or similar mark”
• “Although it is true that advertis ing is a relevant factor in determining whether a mark has acquired a secondary meaning, it is the effect of such advertising that is important, not its extent.”
• “Although no specific rule exists with respect to how long a mark must be used, we feel that in these circumstances ten months is simply not sufficient time to establish secondary meaning in the marketplace.”
• ten months of use is not enough to establish secondary meaning

Source: CourtListener parenthetical corpus (CC0).