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, 1984
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
U.S. Government Printing Office, 1984 - Consumers' preferences - 140 pages
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anonymous Anti-Monopoly applied asked Association become believe bill brand name Circuit Court common descriptive name common name competition confusion CONGRESS THE LIBRARY considered consumers Court of Appeals decision definition denied denoting designation determine distinguish District doctrine evidence example fact Federal function genericism Group HEWITT identify important indicate interested issue Judge Kellogg kind Lanham Act legislation LIBRARY OF CONGRESS manufacturer mark merely Mills Monopoly Motivation survey motivation test Ninth Circuit opinion Parker Brothers particular patent PAUL primarily primary significance promotion proper protection purchaser motivation question reasons recognized referred registration rule secondary meaning Senator Senator HATCH serve single source standard statement suggestive Supp supra note Supreme Court survey Teflon term Thermos Tide tion trade trademark law trademark owners understanding unique United USPQ valid
Page 41 - 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...
Page 124 - 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.
Page 36 - 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 79 - 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 40 - 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...
Page 103 - 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...
Page 124 - ... 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.
Page 57 - 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.