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API Industries, Inc. v. Poly-America, L.P.

92062601RE (T.T.A.B. Aug. 25, 2020)
API Industries, Inc. v. Poly-America, L.P.

8 Cited authorities

  1. Valu Engineering, Inc. v. Rexnord Corp.

    278 F.3d 1268 (Fed. Cir. 2002)   Cited 60 times   4 Legal Analyses
    Holding that a consideration in determining whether a particular product feature is functional is the existence of "advertising materials in which the originator of the design touts the design's utilitarian advantages"

  2. In re Becton, Dickinson & Co.

    675 F.3d 1368 (Fed. Cir. 2012)   Cited 18 times   1 Legal Analyses

    No. 2011–1111. 2012-04-12 In re BECTON, DICKINSON AND COMPANY. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With her on the brief was Raymond T. Chen, Solicitor. Of counsel was Amy Nelson. CLEVENGER 4,741,446, 4,991,104, 6,602,206. Cited. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant

  3. Brunswick Corp. v. British Seagull LTD

    35 F.3d 1527 (Fed. Cir. 1994)   Cited 28 times
    Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines

  4. Sunrise Jewelry Mfg. Corp. v. Fred S.A

    175 F.3d 1322 (Fed. Cir. 1999)   Cited 19 times
    Finding that Duraco and Knitwaves are consistent with the principle that a trade dress which does not indicate source is generic and unprotectable

  5. In re Bose Corp.

    772 F.2d 866 (Fed. Cir. 1985)   Cited 31 times   2 Legal Analyses
    Holding pentagonal shape of loudspeaker functional where applicant's promotional materials lauded shape as functional part of sound system

  6. Mine Safety Appliances v. Elec. Storage

    405 F.2d 901 (C.C.P.A. 1969)   Cited 11 times
    In Mine Safety Appliance Corp. v. Electric Storage Battery Co., 405 F.2d 901, 902 n. 2 (Cust. Pat.App. 1969), where the court affirmed the denial of an application to register a trademark on the Principal Register, Judge Smith's concurring opinion was cited in response to the arguments of counsel of the application of Sears and Compco.

  7. Application of Hillerich Bradsby Co.

    204 F.2d 287 (C.C.P.A. 1953)   Cited 16 times
    Holding that failure to prove that consumers associate the oval as a direct reference to the product precludes trademark protection

  8. Section 2.144 - Reconsideration of decision on ex parte appeal

    37 C.F.R. § 2.144   Cited 1 times

    Any request for rehearing or reconsideration, or modification of the decision, must be filed within one month from the date of the decision. Such time may be extended by the Trademark Trial and Appeal Board upon a showing of sufficient cause. 37 C.F.R. §2.144 54 FR 29554, July 13, 1989 Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations. Part 4 is placed in the separate grouping of parts pertaining to patents regulations. Part 5 is placed in