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Barclays Capital Inc. v. Tiger Lily Ventures Ltd

No. 91219477 (T.T.A.B. Sep. 20, 2017)
Barclays Capital Inc. v. Tiger Lily Ventures Ltd

11 Cited authorities

  1. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 175 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  2. Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.

    685 F.3d 1046 (Fed. Cir. 2012)   Cited 19 times
    Declining to "infer from Nestle's failure to provide survey evidence that such evidence would be harmful"

  3. Torres v. Cantine Torresella S.R.L

    808 F.2d 46 (Fed. Cir. 1986)   Cited 52 times   3 Legal Analyses
    Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

  4. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 363,621 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  6. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,281 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  7. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,911 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  8. Rule 32 - Using Depositions in Court Proceedings

    Fed. R. Civ. P. 32   Cited 2,394 times   21 Legal Analyses
    Setting forth requirements for using deposition testimony at trial

  9. 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"

  10. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination

  11. Section 11.307 - Practitioner as witness

    37 C.F.R. § 11.307

    (a) A practitioner shall not act as advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness unless: (1) The testimony relates to an uncontested issue; (2) The testimony relates to the nature and value of legal services rendered in the case; or (3) Disqualification of the practitioner would work substantial hardship on the client. (b) A practitioner may act as advocate in a proceeding before a tribunal in which another practitioner in the practitioner's