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BB Online UK Limited v. 101domain, Inc.

No. 91193054 (T.T.A.B. Feb. 14, 2014)
BB Online UK Limited v. 101domain, Inc.

13 Cited authorities

  1. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,126 times   10 Legal Analyses
    Holding that use of competitor's trademark in metatags, which are not visible on a website, is actionable under the Lanham Act

  2. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 47 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  3. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 27 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  4. In re Mighty Leaf Tea

    601 F.3d 1342 (Fed. Cir. 2010)   Cited 22 times   3 Legal Analyses
    Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

  5. 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

  6. CBS Inc. v. Morrow

    708 F.2d 1579 (Fed. Cir. 1983)   Cited 20 times
    In CBS, the court gave greater weight to the verbal portion of the subject mark because the evidence showed that “approximately 15% [of the product's] total sales are by mail order, and [the product's] 17–page catalog (of record) displays” the mark a number of times without its design elements.

  7. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  8. Powermatics, Inc. v. Globe Roofing Products

    341 F.2d 127 (C.C.P.A. 1965)   Cited 16 times

    Patent Appeal No. 7281. February 11, 1965. Burgess, Dinklage Sprung, New York City (Arnold Sprung, New York City, of counsel) for appellant. Robert C. Williams, D.D. Allegretti, Chicago, Ill., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. WORLEY, Chief Judge. Powermatics appeals from the decision of the Trademark Trial and Appeal Board awarding priority to Globe, senior party, in a trademark interference between Globe's Registration No. 704,179 for "PANELUME"

  9. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 28,135 times   296 Legal Analyses
    Adopting the Daubert standard

  10. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,833 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,148 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,402 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  13. Rule 1002 - Requirement of the Original

    Fed. R. Evid. 1002   Cited 1,147 times   8 Legal Analyses
    Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"