Larami Corp. v. Talk To Me Programs, Inc.
United States Trademark Trial and Appeals Board
36 U.S.P.Q.2d 1840 (1995)
- Written by Sean Carroll, JD
Facts
Talk To Me Programs, Inc. (TTMP) (plaintiff) produced water guns and filed an intent-to-use (ITU) trademark application to register the trademark “THE TOTALLY RAD SOAKER.” After TTMP filed the application, Larami Corporation (defendant) began using the mark “SUPER SOAKER” for its water guns. Larami filed an opposition to TTMP’s application. TTMP sued Larami for trademark infringement, alleging that Larami’s first use of its mark was after TTMP’s constructive-use date based on its ITU application. The district court granted Larami summary judgment, finding that the mark THE TOTALLY RAD SOAKER was merely descriptive. The United States Court of Appeals for the Second Circuit affirmed. Subsequently, based on the court’s ruling, Larami filed a motion for summary judgment in the ITU application proceeding.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
