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Azeka Building Corp. v. Bryan Kenji Azeka

No. 91218679 (T.T.A.B. May. 3, 2017)
Azeka Building Corp. v. Bryan Kenji Azeka

22 Cited authorities

  1. Money Store v. Harriscorp Finance, Inc.

    689 F.2d 666 (7th Cir. 1982)   Cited 147 times   2 Legal Analyses
    Holding that applicant has no duty to investigate and disclose to the PTO all other possible users of the same or similar mark

  2. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 76 times
    Applying Recot in analyzing the similarity of services

  3. Silverman v. Cbs Inc.

    870 F.2d 40 (2d Cir. 1989)   Cited 101 times   1 Legal Analyses
    Holding that where some radio scripts from a radio show had entered the public domain and others were protected by copyright, plaintiff was entitled to use the public domain material without a license

  4. Emergency One, Inc. v. American Fireeagle

    228 F.3d 531 (4th Cir. 2000)   Cited 68 times   1 Legal Analyses
    Holding that three consecutive years of non-use of a mark creates a presumption of abandonment

  5. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 82 times   5 Legal Analyses
    Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

  6. 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.”

  7. Crash Dummy v. Mattel

    601 F.3d 1387 (Fed. Cir. 2010)   Cited 26 times   3 Legal Analyses
    Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"

  8. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  9. 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

  10. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  11. 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

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,953 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  13. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,585 times   271 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"

  14. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 146 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  15. Section 2.133 - Amendment of application or registration during proceedings

    37 C.F.R. § 2.133   Cited 6 times   1 Legal Analyses

    (a) An application subject to an opposition may not be amended in substance nor may a registration subject to a cancellation be amended or disclaimed in part, except with the consent of the other party or parties and the approval of the Trademark Trial and Appeal Board, or upon motion granted by the Board. (b) If, in an inter partes proceeding, the Trademark Trial and Appeal Board finds that a party whose application or registration is the subject of the proceeding is not entitled to registration

  16. Section 2.47 - Supplemental Register

    37 C.F.R. § 2.47

    (a) In an application to register on the Supplemental Register under section 23 of the Act, the application shall so indicate and shall specify that the mark has been in use in commerce. (b) In an application to register on the Supplemental Register under section 44 of the Act, the application shall so indicate. The statement of lawful use in commerce may be omitted. (c) An application under section 66(a) of the Act is not eligible for registration on the Supplemental Register. (d) A mark in an application