Windows User, Inc. v. Reed Business Publishing Ltd.

How courts have described this case

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

• advertisements can show use if they are “of a nature and extent such as to create an association of the term with the user’s goods.”
• magazine publisher not entitled to preliminary injunction where plaintiff failed to show it was likely to establish first bona fide use of the mark despite its advertisements and promotional activities
• “The talismanic test is whether or not the mark was used in a way sufficiently public to identify or distinguish the marked goods in an appropriate segment of the public mind as those of the adopter of the mark.” (citations and internal quotation marks omitted)
• “Although advertisements and promotional activities may be relied on to demonstrate priority in use of a mark, this is the case only where it can be shown that such an activity was of a nature and extent such as to create an association of the term with the user’s goods.”

Source: CourtListener parenthetical corpus (CC0).