M-5 Steel Mfg., Inc. v. O'Hagin's Inc.

18 Cited authorities

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 796 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
Inwood Laboratories v. Ives Laboratories
456 U.S. 844 (1982) Cited 1,292 times 25 Legal Analyses
Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
Traffix Devices, Inc. v. Marketing Displays, Inc.
532 U.S. 23 (2001) Cited 602 times 28 Legal Analyses
Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff
Qualitex Co. v. Jacobson Products Co.
514 U.S. 159 (1995) Cited 574 times 51 Legal Analyses
Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"
In re Morton-Norwich Products, Inc.
671 F.2d 1332 (C.C.P.A. 1982) Cited 110 times 2 Legal Analyses
Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection
L.D. Kichler Co. v. Davoil, Inc.
192 F.3d 1349 (Fed. Cir. 1999) Cited 52 times
Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive
In re Owens-Corning Fiberglas Corp.
774 F.2d 1116 (Fed. Cir. 1985) Cited 61 times 4 Legal Analyses
Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature
Brunswick Corp. v. British Seagull LTD
35 F.3d 1527 (Fed. Cir. 1994) Cited 28 times
Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines
In re Bose Corp.
772 F.2d 866 (Fed. Cir. 1985) Cited 31 times 2 Legal Analyses
Holding pentagonal shape of loudspeaker functional where applicant's promotional materials lauded shape as functional part of sound system
Application of Deister Concentrator Company
289 F.2d 496 (C.C.P.A. 1961) Cited 67 times
Rejecting the need to consider advertising "gimmicks" designed to acquaint the public with a mark that is incapable of acquiring secondary meaning
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,606 times 274 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

M-5 Steel Mfg., Inc. v. O'Hagin's Inc.

18 Cited authorities

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff

Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection

Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive

Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

Holding pentagonal shape of loudspeaker functional where applicant's promotional materials lauded shape as functional part of sound system

Rejecting the need to consider advertising "gimmicks" designed to acquaint the public with a mark that is incapable of acquiring secondary meaning

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"