Binge Responsibly, LLC v. Power Hour LLC

21 Cited authorities

Inwood Laboratories v. Ives Laboratories
456 U.S. 844 (1982) Cited 1,290 times 25 Legal Analyses
Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
Brookfield Communications, Inc. v. West Coast Entertainment Corp.
174 F.3d 1036 (9th Cir. 1999) Cited 1,103 times 9 Legal Analyses
Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 40 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.
695 F.3d 1247 (Fed. Cir. 2012) Cited 24 times 4 Legal Analyses
Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
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
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 45 times 8 Legal Analyses
Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
Magic Wand, Inc. v. RDB, Inc.
940 F.2d 638 (Fed. Cir. 1991) Cited 32 times 1 Legal Analyses
Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"
In re the American Fertility Society
188 F.3d 1341 (Fed. Cir. 1999) Cited 22 times 3 Legal Analyses
Holding that an earlier precedential decision is binding precedent on later panels
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,599 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"
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"

Binge Responsibly, LLC v. Power Hour LLC

21 Cited authorities

Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

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

Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

Holding that an earlier precedential decision is binding precedent on later panels

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"

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"