Legal Opinion
Car-Freshner Corporation, Cross-Appellee v. S.C. Johnson & Son, Inc.
Court of Appeals for the Second Circuit
Decided November 22, 1995No. 162, 651, Dockets 95-7478, 95-7538PublishedCited by 68 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
This action for trademark infringement involves the principle that the public’s right to use language and imagery for descriptive purposes is not defeated by the claims of a trademark owner to exclusivity.
Plaintiff Car-Freshner Corporation sells air fresheners for cars in the shape of a pine tree. Over a number of years, Car-Freshner has sold millions of such pine-tree-shaped fresheners. Its air fresheners are made of flat scented cardboard and come in a variety of colors and odors, including a green pine-scented version. They have a string attached to the top of the…
2Cases cited9 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Zatarains, Inc., Cross-Appellee v. Oak Grove Smokehouse, Inc. And Visko's Fish Fry, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
- Institute for Scientific Information, Inc. v. Gordon and Breach, Science Publishers, Inc. Scientific Technical Book Service, LtdCourt of Appeals for the Third Circuit · 1991
- Venetianaire Corp. Of America v. A & P Import Co.Court of Appeals for the Second Circuit · 1970
- Cullman Ventures, Inc. v. Columbian Art Works, Inc.District Court, S.D. New York · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Hensley Manufacturing, Inc. v. Propride, Inc.Court of Appeals for the Sixth Circuit · 2009
- KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.Supreme Court of the United States · 2004
- Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc.Court of Appeals for the Ninth Circuit · 2010
- Tcpip Holding Company, Inc. v. Haar Communications Inc., and Richard S. HaarCourt of Appeals for the Second Circuit · 2001
- Emi Catalogue Partnership and Emi Robbins Catalog Inc. v. Hill, Holliday, Connors, Cosmopulos Inc. And Spalding Sports WorldwideCourt of Appeals for the Second Circuit · 2000
63 more not listed; retrieve them via the Exa API.