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299614 Alberta Ltd. v. Fresh Hemp Foods, Ltd.

No. 91201475 (T.T.A.B. Mar. 27, 2014)
299614 Alberta Ltd. v. Fresh Hemp Foods, Ltd.

14 Cited authorities

  1. Torres v. Cantine Torresella S.R.L

    808 F.2d 46 (Fed. Cir. 1986)   Cited 52 times   3 Legal Analyses
    Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

  2. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  3. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 47 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  4. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

  5. Ayer v. United States

    902 F.2d 1038 (1st Cir. 1990)   Cited 35 times
    Holding that Air Force decision not to include safety railings in missile launch control chamber fell within the discretionary function exception

  6. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 33 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  7. In re Bose Corp.

    476 F.3d 1331 (Fed. Cir. 2007)   Cited 11 times   3 Legal Analyses
    Recognizing in the context of administrative proceedings that courts should "exercise caution in applying claim preclusion in an ex parte proceeding"

  8. Dan Robbins Associates v. Questor Corp.

    599 F.2d 1009 (C.C.P.A. 1979)   Cited 27 times
    Involving cancellation for likelihood of confusion

  9. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  10. W.D. Byron Sons v. Stein Bros. Mfg. Co.

    377 F.2d 1001 (C.C.P.A. 1967)   Cited 18 times

    Patent Appeal No. 7806. May 25, 1967. Kaye, Scholer, Fierman, Hays Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant. Hill, Sherman, Meroni, Gross Simpson, Charles F. Meroni, Charles F. Meroni, Jr., Chicago, Ill., for appellee. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal by opposer-petitioner Byron from the

  11. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 6,027 times   28 Legal Analyses
    Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,615 times   274 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  13. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,056 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark