International Kennel Club of Cicago, Inc. v. Mighty Star, Inc., 846 F.2d 1079 (1988) p.117
SUBJECT
establishing secondary meaning
FACTS
P - group that put on large dog shows in Chicago area
D - large toy making group. They made a new ling of stuffed dogs called "International Kennel Club"
P sued for trademark infringement
ISSUE
What evidence do you look at to try to establish secondary meaning?
RATIONAL
First step is to see where the alleged mark falls on distinctive chart (is it generic, descriptive, suggestive, or arbitrar/fanciful?).
secondary meaing can be established by looking at:
NOTES
Difference between this case and in shredded wheat there were two people using the mark in a descriptive sense. Here, we have trademark holder, but the different parties are using the mark in different ways.
Created on: Thursday, January 20, 2000 at 17:42:51 (PST)