Legal Opinion
Clarke v. K-MART
District Court, W.D. Pennsylvania
Decided August 3, 1979No. Civ. A. 77-143 ERIEPublishedCited by 3 opinions
1Opinion of the Court
OPINION
WEBER, Chief Judge.
The plaintiff has sued the defendants for infringement of his registered trademark “SAFE-T-BALL” (1,049,699) and his patented game ball (4,029,316). He also contends that the defendants’ actions which violate federal patent and trademark laws amount to a cause of action under the common law of unfair competition. The defendants have filed a motion for summary judgment on the plaintiff’s claim for trademark infringement, and the related charge of unfair competition, on the grounds that the plaintiff’s mark SAFE-T-BALL is descriptive of characteristics of the…
2Cases cited15 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
- Miller Brewing Company v. G. Heileman Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 1977
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nabisco Brands, Inc. v. Quaker Oats Co.District Court, D. New Jersey · 1982
- The Driving Force, Inc. v. Manpower, Inc.District Court, E.D. Pennsylvania · 1982
- Susquehanna Nursing Services, Inc. v. Susquehanna Center for Nursing & Rehabilitation, Pennsylvania Court of Common Pleas, Dauphin County1984