Ballet Tech Foundation, Inc. v. The Joyce Theater Foundation, Inc.

8 Cited authorities

Two Pesos, Inc. v. Taco Cabana, Inc.
505 U.S. 763 (1992) Cited 1,961 times 35 Legal Analyses
Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown
Parks Rec. California v. Bazaar Del Mundo
448 F.3d 1118 (9th Cir. 2006) Cited 231 times 2 Legal Analyses
Holding that the advertising must be "of a nature and extent such as to create an association of the term with the user's goods "
Stock Pot Restaurant, Inc. v. Stockpot, Inc.
737 F.2d 1576 (Fed. Cir. 1984) Cited 32 times
In Stock Pot, the appellee was a dissolved Massachusetts corporation at the time it filed suit and therefore did not have capacity to sue under Massachusetts law.
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,949 times 95 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1055 - Use by related companies affecting validity and registration
15 U.S.C. § 1055 Cited 148 times 3 Legal Analyses
Providing that use by related company inures to benefit of registrant
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"
Section 2.120 - Discovery
37 C.F.R. § 2.120 Cited 22 times 5 Legal Analyses
Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"
Section 2.145 - Appeal to court and civil action
37 C.F.R. § 2.145 Cited 17 times
Stating that a party has sixty-three days to appeal a decision of the TTAB

Ballet Tech Foundation, Inc. v. The Joyce Theater Foundation, Inc.

8 Cited authorities

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

Holding that the advertising must be "of a nature and extent such as to create an association of the term with the user's goods "

In Stock Pot, the appellee was a dissolved Massachusetts corporation at the time it filed suit and therefore did not have capacity to sue under Massachusetts law.

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

Providing that use by related company inures to benefit of registrant

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

Stating that a party has sixty-three days to appeal a decision of the TTAB