Ever-Ready, Inc. v. Union Carbide Corp.

How later courts describe this case

• stating that it is more difficult to establish secondary meaning for a generic term than a merely descriptive one
• proceedings include determination of fee to be paid to the bankruptcy officials and orders for disposition of property of the bankrupt
• approving what is now known as the " Eveready " test
• “[A]lthough, the right to counsel is absolute, there is no absolute right to a particular counsel.”
• “Section 1064, not incontestability under § 1065, ‘protects the registrant from cancellation of his trademark by a prior user claiming superior rights,’ because prior use is not a ground for cancellation under § 1064.”
• “A distinctive mark or name will be more broadly protected than words, such as ‘ever ready,’ which have been registered and applied to a variety of products.”
• Two telephone calls to plaintiff asking for the defendant's number
• registration is prima facie evidence of registrant’s ownership of mark