Quimbee logo
DMCA.com Protection Status

20th Century Wear, Inc. v. Sanmark-Stardust Inc.

747 F.2d 81 (1984)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

20th Century Wear, Inc. v. Sanmark-Stardust Inc.

United States Court of Appeals for the Second Circuit

747 F.2d 81 (1984)

Facts

During the energy crisis of 1973, the United States government encouraged energy savings and energy conservation. Part of the national campaign focused on the use of warm winter clothing to allow Americans to lower the temperatures in their homes and conserve energy. The US Patent & Trademark Office accepted for registration the trademark “Cozy Warm ENERGY-SAVERS” from a wholesaler of women’s pajamas and nightgowns, 20th Century Wear, Inc. (Twentieth Century) (plaintiff). Twentieth Century marketed its women’s pajamas with a tag insert that read “Cozy Warm ENERGY-SAVERS” and included the trademark notice. A clothing dealer, Sanmark-Stardust Inc. (Sanmark) (defendant) subsequently sold women’s pajamas and nightgowns with a tag insert that read “Cozy Warm CONSERVES-ENERGY.” The writing type used by Sanmark was virtually the same as Twentieth Century’s in size, style, and format and even used a hyphen that was grammatically unnecessary. Twentieth Century filed suit against Sanmark for trademark infringement in violation of the Lanham Trade-Mark Act, claiming that Sanmark imitated the registered trademark in a way that was likely to cause consumer confusion. The district court found that Twentieth Century’s trademark “Cozy Warm ENERGY-SAVERS” was a suggestive term that required imagination, thought, and perception to reach a conclusion as to the nature of the goods, rather than a descriptive term that immediately conveyed an idea of the goods’ characteristics. The district court determined that the trademark was entitled to protection without proof of a secondary meaning associated with the source of the product. The district court held Sanmark liable for trademark infringement under the Lanham Trade-Mark Act. Sanmark appealed.

Rule of Law

Issue

Holding and Reasoning (Oakes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership