Legal Opinion
Uncommon, LLC v. Spigen, Inc.
Court of Appeals for the Seventh Circuit
Decided June 11, 2019No. 18-1917PublishedCited by 152 opinions
1Opinion of the Court
St. Eve, Circuit Judge.
The word "capsule" can describe many things-a pharmaceutical pill, a space pod, or a short synopsis, for example. What about a cellphone case?
The U.S. Patent and Trademark Office has given conflicting answers. It has, on a few occasions, found that "capsule" was "merely descriptive" of cellphone cases, a finding that precludes the mark from registration on the Principal Register. Yet the Office has also found otherwise and allowed one manufacturer-Uncommon, LLC-to register "capsule."
Rival case manufacturers still use the term, though. Uncommon sued one of those…
2Cases cited48 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
- Lori David v. Caterpillar, IncorporatedCourt of Appeals for the Seventh Circuit · 2003
- Puffer v. Allstate InsuranceCourt of Appeals for the Seventh Circuit · 2012
43 more not listed; retrieve them via the Exa API.
3Cited by152 opinions
- William B. Shipley v. Chicago Board of ElectionsCourt of Appeals for the Seventh Circuit · 2020
- SportFuel, Inc. v. PepsiCo, Inc.Court of Appeals for the Seventh Circuit · 2019
- Grubhub, Inc. v. Relish Labs LLCCourt of Appeals for the Seventh Circuit · 2023
- Royal Palm Properties, LLC v. Pink Palm Properties, LLCCourt of Appeals for the Eleventh Circuit · 2020
- Jack Daniel's Properties, Inc. v. VIP Products LLCSupreme Court of the United States · 2023
147 more not listed; retrieve them via the Exa API.