From our private database of 22,300+ case briefs...
Lindy Pen Company, Inc. v. Bic Pen Corporation
United States Court of Appeals for the Ninth Circuit
982 F.2d 1400 (9th Cir. 1993)
Lindy Pen Company, Inc. (Lindy) (plaintiff) obtained a trademark for the term “Auditor” for use in its sale of pens. Subsequently, Bic Pen Corporation (Bic) (defendant) described one of its pens as an “Auditor’s Fine Point.” Lindy brought suit for trademark infringement. The district court found in favor of Bic. The circuit court remanded for a determination of infringement with respect to Lindy’s telephone order sales, specifically. The district court found in favor of Bic on this issue as well. The circuit court reversed and remanded with instructions to enjoin Bic from using the word “Auditor,” and to order an accounting of profits and award damages to Lindy, if appropriate. At the damages proceeding, Lindy offered evidence of its sales, but did not separate out telephone sales, which were the source of the court’s finding of infringement. The district court found that an accounting of profits for Lindy was not appropriate and that Lindy did not show any actual damages. Lindy appealed.
Rule of Law
Holding and Reasoning (Roll, J.)
What to do next…
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 518,000 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
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 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 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.