Name: Julia Kutsch

Authority Bluebook Citation

Case Polaroid Corp. v. Polarad Elecs. Corp., 287 F.2d 492 (2d Cir. 1961)

Statute Lanham Trademark Act of 1946

Case
Mobil Oil Corp. v. Pegasus Petroleum Corp., 818 F.2d 254 (2d Cir. 1987)

Int'l Info. Sys. Sec. Certification Consortium, Inc. v. Sec. Univ., LLC, 823
Case
F.3d 153 (2d Cir. 2016)

Guthrie Healthcare Sys. v. ContextMedia, Inc., 826 F.3d 27 (2d Cir.

Case
2016)

Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4 (2d Cir.
Case
1976)

Case
Nikon Inc. v. Ikon Corp., 987 F.2d 91 (2d Cir. 1993)

Case Arrow Fastener Co., Inc. v. Stanley Works 59 F.3d 384 (2d Cir. 1995)

Starbucks Corp. v. Wolfe's Borough Coffee, Inc. 588 F.3d 97 (2d Cir.
Case
2009)

Case

Plus Prod. v. Plus Disc. Foods, Inc., 722 F.2d 999 (2d Cir. 1983)

Universal City Studios, Inc. v. Nintendo Co., Ltd. 746 F.2d 112 (2d Cir.
Case
1984)
Case

Nabisco, Inc. v. Warner-Lambert Co. 220 F.3d 42 (2d Cir. 2000)

Case
Lang v. Ret. Living Pub. Co., 949 F.2d 576 (2d Cir. 1991)

Case Vitarroz Corp. v. Borden, Inc. 644 F.2d 960 (2d Cir. 1981)

Case
Lever Bros. Co. v. Am. Bakeries Co., 693 F.2d 251 (2d Cir. 1982)

Morningside Group Ltd. v. Morningside Capital Group, LLC 182 F.3d 133
Case
(2d Cir. 1999)

Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co. 799 F.2d 867 (2d Cir.
Case
1986)

Case
Inc. Pub. Corp. v. Manhattan Magazine, Inc., 616 F. Supp. 370 (S.D.N.Y. 1985), aff'd sub

Case Brennan's, Inc. v. Brennan's Restaurant, L.L.C., 360 F.3d 125

Case

Cadbury Beverages, Inc. v. Cott Corp., 73 F.3d 474 (2d Cir 1996)

Case
Gruner + Jahr USA Pub., a Div. of Gruner + Jahr Printing and Pub. Co. v.
Meredith Corp. 991 F.2d 1072 (2d Cir. 1993)
 Binding or
Persuasive
Authority

(B or P)
Injunctive Relief
Standard: Likelihood
Court Date
of Success on the
Merits

Second Circuit Court of Appeals February 28, 1961 B

N/A July 5, 1946

Second Circuit Court of Appeals May 4, 1987 B Yes

Second Circuit Court of Appeals May 18, 2016 B Yes

Second Circuit Court of Appeals June 13, 2016 B Yes

Second Circuit Court of Appeals January 16, 1976 B Idk

Second Circuit Court of Appeals February 25, 1993 B Yes

Second Circuit Court of Appeals July 18, 1995 B No

Second Circuit Court of Appeals December 3, 2009 B No

Second Circuit Court of Appeals November 3, 1983 B Yes & No

Second Circuit Court of Appeals October 4, 1984 B No

Second Circuit Court of Appeals June 5, 2000 B No

Second Circuit Court of Appeals November 18, 1991 B No

Second Circuit Court of Appeals March 30, 1981 B No

Second Circuit Court of Appeals November 3, 1982 B No

Second Circuit Court of Appeals June 28, 1999 B Yes

Second Circuit Court of Appeals August 27, 1986 B Yes

August 2, 1985 // Jan.

S.D.N.Y. & Second Circuit COA B No
17, 1986

Second Circuit Court of Appeals February 26, 2004 B No

Second Circuit Court of Appeals January 3, 1996 B Yes & No

Second Circuit Court of Appeals April 28, 1993 B No

 How Did You Find
This Authority (for
cases only)?
·        - Notes of Decisions to the statutes

Polaroid factors ·        - Statute Citing References/Shepard’s

·        - West Topics and Key Numbers/Lexis

Topics

·        - Case Citing References/Shepard’s

·        - Cases cited within cases you’ve

already found

Proximity of
Strenth of Sr. Similarlity of ·        -Key word searches in appropriate case
Parties’
User’s Mark Marks databases
Services
X X X Record

Record

X X X Record

Citing References for

X
Polaroid

X X X Keyword Search

X Case cited in case

X X X Case cited in case

Searched "Polaroid
X X X
Factors"

X Case cited in case

X X X Case cited in case

X Case cited in case

 X Case cited in case

X X X Case cited in case

X X Case cited in case

X X X Case cited in case

X X X Case cited in case

X X X Case cited in case

X X X Case cited in case

Recommendation from
X X X
Westlaw

X X X

Recommendation from
Westlaw

Recommendation from
X X X Westlaw
 Notes

Only good for laying out what the

factors are

Good discussion of factors

Really only good for its discussion

of the Weight Watchers case

Runs through all of the factors

step by step

Goes through all factors; Circuit

Court reversed District Court

"No single Polaroid factor is

determinative.."
Lends use to proximity
argument for Dharma

Similarity of marks is dispositive -

will warrant summary judgment
for an infringement defendant “if
the court is satisfied that the ...
marks are so dissimilar that no
question of fact is presented
To determine whether marks are
confusingly similar, a court should
look at the general impression
created by the marks, taking into
account all factors that potential
purchasers will likely perceive

Step by step analysis of factors

"In no case, however, have we
determined a senior user's right to
injunctive relief solely on the basis
of the similarity of the marks and
the proximity of the products."
Evaluates district court judge's
analysis of factors

Granted permanent injunction

Goes through each factor -

includes dissent

SDNY case that was affirmed by 2d

Cir.

Focuses on first 3 factors, like our

assignment

District Court granted summary

judgment + appellate court
vacated and remanded - goes
through each factor to find
questions of fact

Affirmed District Court's denial of

injunctive relief