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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:

  • Amount and manner of advertising
  • volume of sales
  • length of use
  • surveys
  • geographical distribution of advertising

    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)


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