Abronette McDaniel a/k/a Bonnie McDaniel v. Light Shine Media Group, LLC

18 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 104 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 187 times 30 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Cold War Museum v. Cold War Air Museum
586 F.3d 1352 (Fed. Cir. 2009) Cited 27 times
Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 12 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 55 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Lens.Com, Inc. v. 1–800 Contacts, Inc.
686 F.3d 1376 (Fed. Cir. 2012) Cited 8 times 1 Legal Analyses
In Lens.com, the court found that the Lens.com software facilitated the customers' online ordering, providing customers an enhanced consumer experience that provided greater value to Lens.com's online retail services.
West Florida Seafood, Inc. v. Jet Restaurants
31 F.3d 1122 (Fed. Cir. 1994) Cited 21 times
Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes
Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C.
600 F.3d 1343 (Fed. Cir. 2010) Cited 4 times 2 Legal Analyses
Stating that we give the TTAB significant latitude in applying the TBMP when the language therein is "permissive"
Otto Roth Co. v. Universal Foods Corp.
640 F.2d 1317 (C.C.P.A. 1981) Cited 19 times
Recognizing importance of "free use of the language" in commercial speech context
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,083 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,657 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,785 times 123 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,577 times 259 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"
Section 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,019 times 5 Legal Analyses
Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 22 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Abronette McDaniel a/k/a Bonnie McDaniel v. Light Shine Media Group, LLC

18 Cited authorities

Holding that it is the opposer's burden to prove fame of its mark

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

In Lens.com, the court found that the Lens.com software facilitated the customers' online ordering, providing customers an enhanced consumer experience that provided greater value to Lens.com's online retail services.

Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

Stating that we give the TTAB significant latitude in applying the TBMP when the language therein is "permissive"

Recognizing importance of "free use of the language" in commercial speech context

Holding that such a statement must merely be made by the party and offered against that party

Recognizing exception to rule against hearsay for records of regularly conducted activities

Requiring a filing of a Statement of Use to register a mark

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"

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"