Legal Opinion
Shakespeare Company v. Silstar Corporation of America, Incorporated
Court of Appeals for the Fourth Circuit
Decided April 3, 1997No. 95-3208PublishedCited by 30 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN joined. Judge WIDENER wrote a dissenting opinion.
OPINION
NIEMEYER, Circuit Judge.
Shakespeare Company, the owner of a registered trademark for fishing rods that have a “whitish translucent” tip and a contrasting opaque shaft, brought this trademark infringement action against Silstar Corporation of America, Inc. which also manufactures a clear-tipped fishing rod. Because of the functional or descriptive aspects of Shakespeare’s mark, the district court initially ordered the Commissioner of the Patent and…
2Cases cited14 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.Supreme Court of the United States · 2004
- Rosetta Stone Ltd. v. Google, Inc.Court of Appeals for the Fourth Circuit · 2012
- KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.Court of Appeals for the Ninth Circuit · 2005
- Petro Stopping Centers, L.P. v. James River Petroleum, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
- A & H Sportswear Inc. Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc.Court of Appeals for the Third Circuit · 1999
25 more not listed; retrieve them via the Exa API.