§

Bell, Inc. v. Bell Packaging Corp.

No. 92031904 (T.T.A.B. Sep. 20, 2004)
Bell, Inc. v. Bell Packaging Corp.

11 Cited authorities

  1. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  2. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 42 times
    Recognizing that single bona fide shipment in commerce may support registration

  3. Van Dyne-Crotty, Inc. v. Wear-Guard Corp.

    926 F.2d 1156 (Fed. Cir. 1991)   Cited 31 times   5 Legal Analyses
    Holding that the shorter phrase was not the legal equivalent of the longer mark

  4. Weiner King, Inc. v. Wiener King Corp.

    615 F.2d 512 (C.C.P.A. 1980)   Cited 41 times
    Holding that the unregistered company did not infringe on the registered company's rights when the unregistered company started using the mark first, was in a completely different geographical area, and had no plans to expand

  5. Martahus v. Video Duplication Services, Inc.

    3 F.3d 417 (Fed. Cir. 1993)   Cited 13 times
    Affirming cancellation of service mark where party seeking cancellation provided sales invoices, draft contract, and testimony demonstrating prior use of mark in dealings with customers and the relevant public on specific dates

  6. Ilco Corp. v. Ideal Security Hardware Corp.

    527 F.2d 1221 (C.C.P.A. 1976)   Cited 25 times
    Holding that use of one mark can inure to the benefit of a related mark only if they provide a "single and continuing commercial impression"

  7. American Sec. Bank v. Am. Sec. Trust Co.

    571 F.2d 564 (C.C.P.A. 1978)   Cited 22 times
    Holding "American Security" legally equivalent to "American Security Bank"

  8. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)

  9. Elder Mfg. Co. v. International Shoe Co.

    194 F.2d 114 (C.C.P.A. 1952)   Cited 13 times

    Patent Appeal No. 5834. January 29, 1952. Alfred W. Petchaft, St. Louis, Mo. (Lloyd W. Patch, Washington, D.C., of counsel), for appellant. Lawrence C. Kingsland, Edmund C. Rogers, and Estill E. Ezell, all of St. Louis, Mo. (Kingsland, Rogers Ezell, St. Louis, Mo., of counsel), for appellee. Before JACKSON, Acting Chief Judge, and O'CONNELL, JOHNSON and WORLEY, Judges. JOHNSON, Judge. This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents, speaking

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

    15 U.S.C. § 1052   Cited 1,615 times   274 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"

  11. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,056 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark