Legal Opinion
Oreck Corp. v. Thomson Consumer Electronics, Inc.
District Court, S.D. Indiana
Decided June 16, 1992No. IP 89-612-CPublishedCited by 13 opinions
1Opinion of the Court
PARTIAL SUMMARY JUDGMENT
BARKER, District Judge.
I. Background
In 1968, David Oreck, an authorized RCA dealer, had the idea to market RCA products using the words “XL” and “X-TENDED LIFE.” However, concerned that the Federal Trade Commission might consider an “XL” mark misleading, RCA instructed Oreck not to use “XL” in connection with any RCA product.
Oreck complied with RCA’s request, but was undaunted by RCA’s rejection of his “XL” campaign, and, in 1969, started using “XL” and “X-TENDED LIFE” in association with other, non-RCA products that he sold from his dealership. In 1970, Oreck…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Gorenstein Enterprises, Inc., Sam Gorenstein, and David Gorenstein v. Quality Care-Usa, Inc. And David A. ScheinmanCourt of Appeals for the Seventh Circuit · 1989
- Lohorn v. MichalCourt of Appeals for the Seventh Circuit · 1990
- Martha Robi v. Five Platters, Inc., Jean Bennett, and Buck RamCourt of Appeals for the Ninth Circuit · 1990
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
- Tonka Corp. v. Rose Art Industries, Inc.District Court, D. New Jersey · 1993
- Phillip W. Stanfield v. Osborne Industries, Inc., Stanley M. Thibault, Ronald ThibaultCourt of Appeals for the Tenth Circuit · 1995
- Barr Laboratories, Inc. v. Quantum Pharmics, Inc.District Court, E.D. New York · 1993
- Emmpresa Cubana Del Tabaco v. Culbro Corp.District Court, S.D. New York · 2002
8 more not listed; retrieve them via the Exa API.