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Barnhardt Manufacturing Company v. Wildwood Gin, Inc.

No. 92053237 (T.T.A.B. Jun. 17, 2013)
Barnhardt Manufacturing Company v. Wildwood Gin, Inc.

16 Cited authorities

  1. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 104 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  2. Lucent Info. Management v. Lucent Technologies

    186 F.3d 311 (3d Cir. 1999)   Cited 99 times
    Holding that, under the Lanham Act, filing an application for federal registration of a trademark confers priority in the mark except against a person who has used the mark prior to such filing

  3. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  4. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

  5. Natural Footwear v. Hart, Schaffner Marx

    760 F.2d 1383 (3d Cir. 1985)   Cited 120 times
    Holding that gross sales of less than $5,000 to fewer than 50 customers were below the minimum threshold for market penetration

  6. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 82 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  7. 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

  8. 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"

  9. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  10. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,447 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint