The Trademark Clarification Act of 1983: Hearing Before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, Second Session, on S. 1990 ... February 1, 1984U.S. Government Printing Office, 1984 - 140 lappuses |
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9th Cir anonymous Anti Anti-Monopoly decision become the common bill board game brand name cert common descriptive name common name competition CONGRESS LIBRARY CONGRESS THE LIBRARY consuming public court held Court of Appeals D.C. Comics DC Comics denoting descriptive term detergent District Court doctrine facto secondary meaning genericism HEWITT AND PAUL identify indicate interviewees Judge Nies Kellogg KRIEGER Lanham Act legislation LESTER L HEWITT LIBRARY OF CONGRESS LITE manufacturer Miller Brewing Co Mills Fun Group misuse MONOPOLY game MOSSINGHOFF Motivation survey National Biscuit Co Ninth Circuit Ninth Circuit Court Parker Brothers Patent and Trademark plaintiff primarily primary significance product or service purchaser motivation test purchasing public question recognized registered mark registration Senator HATCH service mark Shredded Wheat single source sumers Supp supra note Supreme Court Teflon term at issue Thermos Tide tion trademark function trademark law trademark owners trademark protection unique product USPQ USTA word
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41. lappuse - But to establish a trade name in the term "shredded wheat" the plaintiff must show more than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but the producer. This it has not done. The showing which it has made does not entitle it to the exclusive use of the term shredded wheat...
73. lappuse - 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.
124. lappuse - STRONG, speaking for the court, that "the office of a trade-mark is to point out distinctively the origin or ownership of the article to which it is affixed ; or, in other words, to give notice who was the producer.
36. lappuse - 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.
79. lappuse - 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.
40. lappuse - Anti-Monopoly, Inc. v. General Mills Fun Group. Inc.. 684 F.2d 1316 <9th Cir. 1982). Anti-Monopoly was invented by a professor of economics. Dr. Anspach. It was marketed unsuccessfully as "Bust the Trust...
103. lappuse - There is no basis here for applying the doctrine of secondary meaning. The evidence shows only that due to the long period in which the plaintiff or its predecessor was the only manufacturer of the product, many people have come to associate the product, and as a consequence the name by which the product is generally known, with the plaintiff's factory at Niagara Falls. But to establish a trade name in the term "shredded wheat" the plaintiff must show more than a subordinate meaning which applies...
124. lappuse - ... no sign or form of words can be appropriated as a valid trade mark, which from the nature of the fact conveyed by its primary meaning, others may employ with equal truth, and with equal right, for the same purpose.
57. lappuse - The purpose underlying any trademark statute is twofold. One is to protect the public so it may be confident that, in purchasing a product bearing a particular trademark which it favorably knows, it will get the product which it asks for and wants to get.
57. lappuse - ... it asks for and wants to get. Secondly, where the owner of a trademark has spent energy, time and money in presenting to the public the product, he is protected in his investment from its misappropriation by pirates and cheats.