Legal Opinion
The Forschner Group, Inc. And Swiss Army Brands, Ltd. v. Arrow Trading Co. Inc.
Court of Appeals for the Second Circuit
Decided July 22, 1994No. 1371, Docket 93-9155PublishedCited by 42 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
The phrase “Swiss Army knife” has never enjoyed trademark protection. This appeal considers chiefly whether that phrase is descriptive of geographic origin or product quality, and therefore protectible under the false advertising provision of the Lanham Act.
Victorinox Cutlery Company (“Victorinox”) of Switzerland has manufactured multifunction poeketknives since 1892. Another Swiss firm, Wenger, S.A. (“Wenger”), has manufactured multifunction poeketknives since 1908. Since early in this century, these two Swiss firms have been the only purveyors of multifunction…
2Cases cited26 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
21 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Pernod Ricard USA, LLC v. Bacardi U.S.A., Inc.Court of Appeals for the Third Circuit · 2011
- Leelanau Wine Cellars, Ltd. v. Black & Red, Inc.Court of Appeals for the Sixth Circuit · 2007
- Rockland Exposition, Inc. v. Alliance of Automotive Service ProvidersDistrict Court, S.D. New York · 2012
- Parks LLC v. Tyson Foods, Inc.Court of Appeals for the Third Circuit · 2017
37 more not listed; retrieve them via the Exa API.