Blue Plate Catering, Ltd. v. Seminole Tribe of Florida

6 Cited authorities

Specht v. Google Inc.
747 F.3d 929 (7th Cir. 2014) Cited 53 times
Holding that once a trademark was abandoned it returned to the public domain, could be appropriated anew, and [defendant] became the senior user.
Specht v. Google Inc.
758 F. Supp. 2d 570 (N.D. Ill. 2010) Cited 37 times
Concluding plaintiff's maintenance of a "ghost site" "a functional yet almost purposeless website," could not "prevent abandonment of a mark"
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.”
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 19 times 2 Legal Analyses
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
Old Swiss House, Inc. v. Anheuser-Busch
569 F.2d 1130 (C.C.P.A. 1978) Cited 8 times
Rejecting news articles as evidence of "prior use" because the mark "was buried in the body of the articles"
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"

Blue Plate Catering, Ltd. v. Seminole Tribe of Florida

6 Cited authorities

Specht v. Google Inc.

Holding that once a trademark was abandoned it returned to the public domain, could be appropriated anew, and [defendant] became the senior user.

Specht v. Google Inc.

Concluding plaintiff's maintenance of a "ghost site" "a functional yet almost purposeless website," could not "prevent abandonment of a mark"

Ritchie v. Simpson

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

University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

Old Swiss House, Inc. v. Anheuser-Busch

Rejecting news articles as evidence of "prior use" because the mark "was buried in the body of the articles"

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"