Legal Opinion

Interstate Net Bank v. NetB@ Nk, Inc.

District Court, D. New Jersey

Decided September 16, 2002No. CIVIL NO. 01-1324(JBS)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SIMANDLE, District Judge.

This matter comes before the Court upon motion by plaintiff inter State Net Bank for summary judgment against defendants NETB@NK, INC., and NETB@NK (now known as NetBank, Inc., and NetBank, respectively, and referred to collectively herein as “Defendants”). Plaintiff filed the underlying action on March 20, 2001, seeking a declaratory judgment that the term NET-BANK (the federal registration of which had been acquired by defendants) is generic and merely descriptive, that plaintiffs use is not likely to cause confusion, and that defendant’s trademark…

2Cases cited29 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  3. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  4. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  5. Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985

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3Cited by6 opinions

  1. J & J Snack Foods, Corp. v. Earthgrains Co.District Court, D. New Jersey · 2002
  2. FragranceNet. Com, Inc. v. FragranceX. Com, Inc.District Court, E.D. New York · 2007
  3. InterState Net Bank v. NetB@ Nk, Inc.District Court, D. New Jersey · 2004
  4. FragranceNet.com, Inc. v. FragranceX.Com, Inc.District Court, E.D. New York · 2007
  5. Holy Spirit Association For The Unification Of World Christianity v. World Peaceand Unification Sanctuary, Inc.District Court, M.D. Pennsylvania · 2019

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