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 certiorari common descriptive name common name competition consuming public Corp court held Court of Appeals D.C. Comics DC Comics descriptive term detergent District Court DuPont Cellophane Co evidence example facto secondary meaning Federal genericism HEWITT AND PAUL indicate interviewees Judge Nies Kellogg KRIEGER Lanham Act legislation LESTER L HEWITT manufacturer Miller Brewing Miller Brewing Co Mills Fun Group misuse MONOPOLY game MOSSINGHOFF Motivation survey National Biscuit Co Ninth Circuit Ninth Circuit Court Parker Brothers particular source Patent and Trademark plaintiff primarily primary significance product or service purchaser motivation test purchasing public question real estate trading recognized registered mark registration Senator HATCH service mark Shredded Wheat single source sumers supra note Supreme Court term at issue Thermos Tide tion trademark function trademark law trademark owners trademark protection unique product USPQ USTA word
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38. 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.
43. 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...
65. 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.
95. 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...
117. lappuse - ... the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another ; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
59. lappuse - 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. Secondly, where the owner of a trade-mark 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.
59. 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.
43. lappuse - I shall argue that even though the plaintiff's surveys were flawed, the real problem lies with the way the court interpreted trademark law, rather than its use or misuse of the statistical evidence. I. THE GENERICNESS DOCTRINE • A trademark is any word, name, symbol, or device adopted and used by a manufacturer to identify his own goods and to distinguish them from those manufactured or sold by others1 Trademarks help consumers to distinguish one producer from another. Someone who wants to buy...
92. lappuse - 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.
123. 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.