United States Tenth Circuit

Evidence that consumers ordering a product by its brand name is insufficient to show that the mark has become generic when the brand owner is the only seller of the product.

Appellate Information

• Decided 12/15/2000
• Published 12/15/2000

Judges

• SHADUR, District Judge., Before KELLY and HENRY, Circuit Judges, and SHADUR, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Paul Adams (Brian J. Pangrle, with him on the briefs) of Peacock Myers & Adams, P.C., Albuquerque, NM, for Defendants-Appellants., George C. Meyers, Jr., of Blank Rome Comisky & McCauley LLP, Washington, DC, (Denise C. Lane and Lisa Kaufman (Blank Rome), Dewitt M. Morgan and Edward Ricco of Rodey Dickason Sloan Akin & Robb, P.A., Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.