Blue Water Wellness, LLC dba CBD2GO

10 Cited authorities

Enzo Biochem, Inc. v. Gen-Probe Inc.
424 F.3d 1276 (Fed. Cir. 2005) Cited 62 times 1 Legal Analyses
Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment
Cai v. Diamond Hong, Inc.
901 F.3d 1367 (Fed. Cir. 2018) Cited 10 times
2018-1688 08-27-2018 ZHENG CAI, DBA Tai Chi Green Tea Inc., Appellant v. DIAMOND HONG, INC., Appellee Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Wallach, Circuit Judge. Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Before Prost, Chief Judge, Wallach and Hughes, Circuit Judges
M.Z. Berger & Co. v. Swatch AG
787 F.3d 1368 (Fed. Cir. 2015) Cited 13 times 8 Legal Analyses
Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration
Smith v. Coahoma Chemical Company
264 F.2d 916 (C.C.P.A. 1959) Cited 7 times
Holding that the vice president who had developed a mark for his company was not the owner of the mark because "ownership of a mark must be derived from use rather than from a conception of the idea of the mark"
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 95,024 times 148 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,911 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,036 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 812 - Schedules of controlled substances
21 U.S.C. § 812 Cited 2,899 times 80 Legal Analyses
Criminalizing heroin
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,540 times 112 Legal Analyses
Prohibiting "[t]he introduction or delivery for introduction into interstate commerce of any... drug ... that is adulterated or misbranded
Section 321 - Definitions; generally
21 U.S.C. § 321 Cited 1,186 times 177 Legal Analyses
Defining “new drug”

Blue Water Wellness, LLC dba CBD2GO

10 Cited authorities

Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration

Holding that the vice president who had developed a mark for his company was not the owner of the mark because "ownership of a mark must be derived from use rather than from a conception of the idea of the mark"

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Requiring a filing of a Statement of Use to register a mark

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Criminalizing heroin

Prohibiting "[t]he introduction or delivery for introduction into interstate commerce of any... drug ... that is adulterated or misbranded

Defining “new drug”