Big Apple Performing Arts, Inc.

6 Cited authorities

Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal Analyses
Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
In re Chamber of Commerce of the United States
675 F.3d 1297 (Fed. Cir. 2012) Cited 8 times 2 Legal Analyses
No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal Analyses
Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
Roux Laboratories, Inc. v. Clairol Inc.
427 F.2d 823 (C.C.P.A. 1970) Cited 24 times 1 Legal Analyses
Holding that the phrase "Hair Color So Natural Only Her Hairdresser Knows for Sure" is protectable as a trademark
In re Hehr Manufacturing Co.
279 F.2d 526 (C.C.P.A. 1960) Cited 6 times 1 Legal Analyses
Finding secondary meaning based upon $112,000 in general advertising expenditures, of which $30,000 directly attributable to the alleged trademark, over ten years
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 271 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"

Big Apple Performing Arts, Inc.

6 Cited authorities

Yamaha Intern. Corp. v. Hoshino Gakki Co.

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

In re Chamber of Commerce of the United States

In re Gyulay

Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

Roux Laboratories, Inc. v. Clairol Inc.

Holding that the phrase "Hair Color So Natural Only Her Hairdresser Knows for Sure" is protectable as a trademark

In re Hehr Manufacturing Co.

Finding secondary meaning based upon $112,000 in general advertising expenditures, of which $30,000 directly attributable to the alleged trademark, over ten years

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"