· 7/6/1978
Wrist-Rocket Manufacturing Co., Inc., Cross-Appellee v. Saunders Archery Company, Cross-Appellant
Citations
- 578 F.2d 727
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that while a registered trademark owner's rights can become incontestible, other common-law trademark owners retain exclusive rights in those areas where their rights antedated registration
- stating that “common-law trademark rights cannot be established by advertising alone”
- relying on Sweetarts only for geographical zone of common law rights and not \use\ analysis
- relying on an earlier Eighth Circuit case for its determination of what common-law rights the prior user had at the time of registration
- no occasion to consider offensive/defensive dichotomy
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Van Oos-Terhout Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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