American Polo Association, LLC v. Elizabeth Scripps

9 Cited authorities

In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 25 times 7 Legal Analyses
Holding that certain words referring to key aspects of a genus of services were generic for those services
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.”
Person's Co., Ltd. v. Christman
900 F.2d 1565 (Fed. Cir. 1990) Cited 51 times 1 Legal Analyses
Holding that foreign use is not sufficient to establish priority rights even over a United States competitor who took mark in bad faith
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 13 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Couture v. Playdom, Inc.
778 F.3d 1379 (Fed. Cir. 2015) Cited 12 times 7 Legal Analyses
Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."
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.
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.
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,806 times 124 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,954 times 96 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark

American Polo Association, LLC v. Elizabeth Scripps

9 Cited authorities

Holding that certain words referring to key aspects of a genus of services were generic for those services

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

Holding that foreign use is not sufficient to establish priority rights even over a United States competitor who took mark in bad faith

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

Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."

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.

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.

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

Granting standing under § 1114 to the legal representative of the registrant of a trademark