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· 8/12/2013

Water Pik, Inc. v. Med-Systems, Inc.

Citations

  • 726 F.3d 1136
  • 107 U.S.P.Q. 2d (BNA) 2095
  • 92 Fed. R. Serv. 136
  • 2013 WL 4046470
  • 2013 U.S. App. LEXIS 16624

How courts have described this case

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

  • holding that the widespread use of \Sinu-\ or \Sinus-\ prefixes in third-party marks weakened the distinctiveness of the plaintiff's SINU CLEANSE mark
  • holding that survey data showing “[n]et confusion rates of 6.5% and negative 0.5% do not create a genuine factual issue of likelihood of confusion.”
  • holding that \SinuSense\ and \Sinu Cleanse\ were not similar when compared as a whole
  • explaining that the “central inquiry is the same” for both § 1114 and § 1125
  • declining to address argument not raised in opening brief because opposing party was deprived of opportunity to respond
  • declining to address argument not raised in opening brief because opposing party was deprived of opportunity to respond

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Hartz, Holmes

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.