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Allure Furniture & Mattress, Inc. v. J. Becker Management

No. 91203625 (T.T.A.B. Sep. 1, 2015)
Allure Furniture & Mattress, Inc. v. J. Becker Management

11 Cited authorities

  1. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,084 times   9 Legal Analyses
    Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

  2. Abercrombie Fitch Co. v. Hunting World, Inc.

    537 F.2d 4 (2d Cir. 1976)   Cited 810 times   6 Legal Analyses
    Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 72 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  4. 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

  5. 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

  6. Cicena Ltd. v. Columbia Telecommunications

    900 F.2d 1546 (Fed. Cir. 1990)   Cited 36 times   1 Legal Analyses
    Holding that use of eighteen months is "evidence point[ing] strongly away from a finding of secondary meaning"

  7. Hoover Co. v. Royal Appliance Mfg. Co.

    238 F.3d 1357 (Fed. Cir. 2001)   Cited 15 times
    Holding mark "Number One in Floorcare" was "generally laudatory phrase" not entitled to trademark protection in light of absence of evidence of secondary meaning; noting, "Self-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods."

  8. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of 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. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses

    No. 89-1536. January 23, 1990. Thomas E. Young, Body, Vickers Daniels, Cleveland, Ohio, argued for appellant. With him on the brief was Robert V. Vickers. Albin F. Drost, Associate Sol., Office of the Sol., of Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before NEWMAN and MAYER Circuit Judges, and DUMBAULL Senior District Judge. The Honorable Edward Dumbauld, Senior