GORDON ET AL.

v.

MASSACHUSETTS

Citator

Cited By (16 total)

• The Vision Ctr. v. Opticks, Inc., 596 F.2d 111 (5th Cir. 1979)
  …ham Act, 15 U.S.C. §§ 1057(b), 1115(a), this presumption is rebuttable and may be overcome by establishing the generic or descriptive nature of the mark. Flexitized, Inc. v. National Flexitized Corp., 335 F. 2d 774, 779 (2d Cir. 1964), cert. denied, 380 U.S. 913, 85 S.Ct. 899,13 L.Ed.2d 799 (1965). The partnership maintains that Opticks failed to show that the name is descriptive. We disagree. Our previous discussion indicates that in this case Opticks has argued persuasively, not merely with equal force,…
• Eazor Express, Inc. v. The Int'l Bhd. OF Teamsters, 520 F.2d 951 (3d Cir. 1975)
  …le proof showing the amount of revenue and net profits lost by the plaintiff as a result of the breach. McBrayer v. Teckla, Inc., 496 F. 2d 122, 127; Flexitized, Inc. v. National Flexitized Corp., 2 Cir. 1964, 335 F. 2d 774, 779, cert. denied, 1965, 380 U.S. 913, 85 S.Ct. 899, 13 L.Ed.2d 799. However, Eazor’s and Daniels’ income picture during the years 1966 to 1970 does not indicate any consistent earning power or any upward trend in profits. Eazor’s earnings in 1966 and 1967 had fallen below its earnings…
• Perfect FIT Indus., Inc. v. Acme Quilting Co., Inc., 618 F.2d 950 (2d Cir. 1980)
  …extraordinary meaning; it need merely be distinctive enough to become recognized as “a public guaranty of origin and quality.” 306 F. 2d at 257-58. See also Flexitized, Inc. v. National Flexitized Corp., 335 F. 2d 774 (2d Cir. 1964), cert. denied, 380 U.S. 913, 85 S.Ct. 899, 13 L.Ed.2d 799 (1965), in which this Court held that the defendant’s use of the plaintiff’s trademark constituted unfair competition despite the invalidity of the mark and despite the conclusion that the mark had not acquired secondar…