America Online, Inc.
8 Cited authorities
Kellogg Co. v. Nat. Biscuit Co.
305 U.S. 111 (1938) Cited 554 times 6 Legal AnalysesHolding that Kellogg's sharing in the goodwill of the unprotected "Shredded Wheat" market was "not unfair"
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 58 times 4 Legal AnalysesHolding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 timesFinding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal AnalysesFinding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 47 times 8 Legal AnalysesReversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
In re MBNA America Bank, N.A.
340 F.3d 1328 (Fed. Cir. 2003) Cited 11 times 1 Legal AnalysesNoting that arbitrary marks are inherently distinctive
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal AnalysesIn Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
Application of Hollywood Brands
214 F.2d 139 (C.C.P.A. 1954) Cited 11 timesFinding secondary meaning based upon $1,153,000 in general advertising over six years with about one-third directed to the alleged trademark