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← 120 FSUPP2D 286 - Pilates, Inc. v. Current Concepts, Inc.

Pilates, Inc. v. Current Concepts, Inc.’s Empirical Analysis

2000

Citation profile

20
cited by 20 later decisions
January 2014
most recently cited

2 federal appellate · 4 district ·

Relationships

Applies 15 U.S.C. § 1058 (§ 8 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1060 (§ 10 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1064 (§ 14 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1065 (§ 15 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1119 (§ 37 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1120 (§ 38 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))

Relies on Lujan v. Defenders of Wildlife · Parklane Hosiery Co. v. Shore · Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · Kellogg Co. v. National Biscuit Co. · United Drug Co. v. Theodore Rectanus Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.”
    1 later decision quote this exact passage · from the majority
  2. “Good will is the value attributable to a going concern apart from its physical asserts-the intangible worth of buyer momentum emanating from the reputation and integrity earned by the company.” Pilates, Inc. v. Current Concepts, Inc., 120 F.Supp.2d 286, 310 (S.D.N.Y.2000). 7 . When dealing with a non-gray good, a court will apply the nine-factor”
    1 later decision quote this exact passage · from the majority
  3. “efforts to police its marks and promote the Pilates method,” the mark had become generic, at least as it related to service and equipment marks, and thus, the trademark holder could not foreclose others from using the term”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.