secondary evidence is another name for
- 8 C.F.R. 214.2 - Special requirements for admission, extension, and maintenance of status
483 U.S. 522 (1987), 86-270, San Francisco Arts & Athletics, Inc. v. United States Olympic Committee
... sought to incorporate under the name "Golden Gate Olympic Association," ... law is known as a secondary meaning -- it "has become ...28 There is no evidence that the Federal Government coerced ... . of life against another. But it cannot be denied that ...
- 29 CFR 1910.1200 - Hazard communication
456 U.S. 844 (1982), 80-2182, Inwood Laboratories, Inc. v. Ives Laboratories, Inc.
... sufficient weight to the evidence respondent offered to show a pattern ... might give the facts another construction, resolve the ... . they had developed a secondary meaning for the consumers. 11 ... use of the same color for brand name drugs and their generic equivalents ...
- 29 C.F.R. 1910.66 - Powered platforms for building maintenance
505 U.S. 763 (1992), 91-971, Two Pesos, Inc. v. Taco Cabana, Inc.
... -- or had acquired a secondary meaning -- i.e., had come through ... law, held that the evidence supported the jury's findings, and ... § 1127 as including "any word, name, symbol, or device or any ... one's goods as those of another. Neither "secondary meaning" nor ...
532 U.S. 23 (2001), 99-1571, Traffix Devices, Inc. v. Marketing Displays, Inc
... that MDI had established secondary meaning in its alleged trade dress, ... a utility patent is strong evidence that the features therein claimed ...An inventor named Robert Sarkisian obtained two ... that "[i]f TrafFix or another competitor chooses to use [MDI's] ...
514 U.S. 159 (1995), 93-1577, Qualitex Co. v. Jacobson Products Co., Inc.
...'s, it has developed secondary meaning, see, e.g ., id., at ... trademarks "includ[e] any word, name, symbol, or device, or any ... to differentiate one from another"); see also J. Ginsburg, D. ...); § 1057(b) (prima facie evidence of validity and ownership). Thus, ...
790 F.3d 1253 (11th Cir. 2015), 14-13178, Tartell v. South Florida Sinus & Allergy Ctr., Inc.
After Dr. Paul B. Tartell and Dr. Lee M. Mandel split their practices, Dr. Mandel registered six domain names with variations of Dr. Tartell’s name. Dr. Tartell then filed a complaint against Dr. Mandel, his incorporated practice, and another corporation owned by Dr. Mandel for cybersquatting, false designation of origin, and unfair competition. The court concluded that the district court clearly
... it found that a physician's name had acquired " secondary meaning," ... incorporated practice, and another corporation owned by Dr. Mandel for ...Tartell presented evidence that his name had appeared on ...
42 F.3d 1421 (3rd Cir. 1994), 94-5305, American Tel. and Tel. Co. v. Winback and Conserve Program, Inc.
... authorized to market under the name" One Stop Financial, Inc. \xC2"...The evidence demonstrated that Winback employs no ... common law doctrines of secondary liability. Section ... of such person with another person, or as to origin, sponsorship ...
428 F.3d 559 (5th Cir. 2005), 03-20787, Test Masters Educational Services, Inc. v. Singh
... a mutual animosity, as evidenced by their litigious history. 1 ... preparation companies under the name "Testmasters" or "Test Masters." ... those of others," or stated another way, a mark must be distinctive. ... distinctiveness through secondary meaning. Id. The "likelihood of ...
551 U.S. 701 (2007), 05-908, Parents Involved in Community Schools v. Seattle School Dist. No. 1
... present any evidence that it considered alternatives, ... County assigned Joshua to another elementary school in his cluster, ... issue here--in primary and secondary schools. See, e.g., Eisenberg v. ... This cannot be justified in the name" of the Equal Protection Clause. \xC2"...
- 12 CFR 701.34 - Designation of low income status; Acceptance of secondary capital accounts by low-income designated credit unions
537 F.2d 4 (2nd Cir. 1976), 21, Abercrombie & Fitch Co. v. Hunting World, Inc.
... plaintiff has created a secondary meaning in its use of the word ... word 'Safari' under its brand name on a "classical safari hat" or in ... in quite a different one for another, 6 because a term may shift from ... may accept, as prima facie evidence that the mark has become ...
240 U.S. 403 (1916), 30, Hanover Star Milling Company v. Metcalf
... employ the same trademark or name, not in general use and susceptible ... not his goods, but those of another. So far as ... of other property, or the evidences of title to the same, the proprietor ..." (shown to have acquired a secondary meaning), and with the distinctive ...
599 F.2d 341 (9th Cir. 1979), 76-1744, AMF Inc. v. Sleekcraft Boats
... AMF's predecessor used the name Slickcraft Boat Company from 1954 to ... was warranted by the evidence. The Slickcraft ... capacity and luxury are secondary. Unlike the Slickcraft line, ...Another criterion is whether the mark is ...
564 U.S. 135 (2011), 09-525, Janus Capital Group, Inc. v. First Derivative Traders
... misleading information that another. person puts into a ... . is strong evidence that a statement was made by--and ... the name of local party branches; one can say ... Bank is a case about secondary. liability, liability ...
915 F.2d 121 (4th Cir. 1990), 89-2854, Perini Corp. v. Perini Const., Inc.
...'s query "What's in a name?" a well-established construction ... had established a secondary meaning in the surname "Perini" as ... the nonmoving party on the evidence before it. Anderson v. Liberty ... goodwill or reputation of another, whether by intention or not." ...
- 8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children
365 F.3d 353 (5th Cir. 2004), 02-10558, Southland Securities Corp. v. INSpire Ins. Solutions, Inc.
..., pointing to these sales as evidence of scienter. The plaintiffs seek to ... and releases issued in its name. Statements attributed to ... makes a false statement that another knows to be false. A defendant ... during the company's secondary public offering. On March 26, 1998, ...
526 U.S. 629 (1999), 97-843, Davis v. Monroe County Bd. of Ed.
... of sexual harassment by another student in her class. Among ... for simple acts of teasing and name-calling among school children, ...'s grades provides necessary evidence of a potential link between her ... a free primary and secondary public education. See, e. g., Cal. ...
305 U.S. 111 (1938), Kellogg Company v. National Biscuit Company
... the right to apply thereto the name by which it had become known. P. ... of the doctrine of secondary meaning, the exclusive right to ... There was no evidence in this case of "passing off" or ... shape must be used for another reason. The evidence is persuasive ...
579 F.3d 603 (6th Cir. 2009), 08-1834, Hensley Manufacturing, Inc. v. ProPride, Inc.
... ProPride's use of Jim Hensley's name in its advertising material is ... of the marks; (4) evidence of actual confusion; (5) marketing ... left MLAS and founded another company, Cello, Ltd. (" Cello" ). ... descriptive word is in the secondary, new, ‘ trademark’ meaning of ...
930 F.2d 277 (3rd Cir. 1991), 90-5225, Ford Motor Co. v. Summit Motor Products, Inc.
... be used with the "Autolite" name. That design consisted of a blurred ... considered extrinsic evidence regarding the Justice Department's ... depends on proof of secondary meaning, unless the unregistered or ... graphic is also important in another sense, since artistic works are more ...
98 U.S. 145 (1879), Reynolds v. U.s.
... or wife living, who marries another, whether married or single, in a ... your verdict in hearing the evidence?' . A. 'I don't ... in this case, and among other names thereon was the name of Mary Jane ... to the admission of secondary evidence. In this respect it is ...