Trademark Reform Act of 1983: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, Second Session, on H.R. 4460 ... June 28, 1984 |
Other editions - View all
Common terms and phrases
2d Cir 9th Cir abandonment advertising aff'd amendment Anti-Monopoly become bill board game brand name Callmann cert clarify Committee common descriptive name common name consumer motivation Corp Court of Appeals DC Comics defendants denied determining district court Dukes of Hazzard DuPont Cellophane Co DuPont de Nemours E. I. DuPont exclusive Federal Circuit function Gay Toys genericism genus goodwill grey market indicate interviewees Judge Nies jurisdiction KASTENMEIER Lanham Act LAW REVIEW legislation manufacturer Mills Fun Group MONOPOLY game motivation test N.D. Cal Parker Brothers particular source plaintiff primary significance Prods product or service public understanding purchaser motivation question registered mark service mark Shredded Wheat single source Supp supra note Supreme Court symbol term at issue tion toy cars trade trademark infringement trademark law trademark owner trademark protection trademark rights unfair competition unique product United Drug USPQ USTA valid Warner Bros Yoshida Int'l
Popular passages
Page 76 - trade-mark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
Page 212 - In litigation among private parties, the party seeking preliminary relief must show "(a) irreparable harm and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.
Page 146 - If it is true that we live by symbols, it is no less true that we purchase goods by them. A trademark is a merchandising shortcut which induces a purchaser to select what he wants, or what he has been led to believe he wants.
Page 88 - service mark" means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce.
Page 75 - A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged by the registration...
Page 88 - trademark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
Page 152 - What do the buyers understand by- the word for whose use the parties are contending? If they understand by it only the kind of goods sold, then, I take it, it makes no difference whatever what efforts the plaintiff has made to get them to understand more.
Page 90 - Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. "Use...
Page 75 - Act; or (b) within five years from the date of publication under section 12 (c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905...
Page 76 - A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.