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Bridgestone/ Firestone, Inc. v. Interco Tire Corp.

No. 91096405 (T.T.A.B. Sep. 25, 1998)
Bridgestone/ Firestone, Inc. v. Interco Tire Corp.

12 Cited authorities

  1. 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

  2. Ralston Purina Company v. Thomas J. Lipton, Inc.

    341 F. Supp. 129 (S.D.N.Y. 1972)   Cited 67 times
    Comparing cases involving different durations in the use of a mark

  3. Brunswick Corp. v. British Seagull LTD

    35 F.3d 1527 (Fed. Cir. 1994)   Cited 27 times
    Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines

  4. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses

    No. 89-1536. January 23, 1990. Thomas E. Young, Body, Vickers Daniels, Cleveland, Ohio, argued for appellant. With him on the brief was Robert V. Vickers. Albin F. Drost, Associate Sol., Office of the Sol., of Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before NEWMAN and MAYER Circuit Judges, and DUMBAULL Senior District Judge. The Honorable Edward Dumbauld, Senior

  5. In re R.M. Smith, Inc.

    734 F.2d 1482 (Fed. Cir. 1984)   Cited 15 times   2 Legal Analyses
    Holding that existence of design patent "may be some evidence of non-functionality"

  6. Levi Strauss Co. v. Genesco, Inc.

    742 F.2d 1401 (Fed. Cir. 1984)   Cited 13 times
    In Levi Strauss Co. v. Genesco, Inc., 742 F.2d 1401, 222 U.S.P.Q. 939 (Fed. Cir. 1984), we affirmed the Trademark Trial and Appeal Board's refusal to register a mark for a shoe tab. Noting the significant prior use of such tabs by other companies, we held that "Levi's use of a tab on shoes has been neither first nor exclusive," thus, it failed to show that its mark was distinctive.

  7. WLWC Centers, Inc. v. Winners Corp.

    563 F. Supp. 717 (M.D. Tenn. 1983)   Cited 14 times
    Holding that three years of exclusive use was insufficient

  8. Application of Soccer Sport Supply Company

    507 F.2d 1400 (C.C.P.A. 1975)   Cited 6 times

    Patent Appeal No. 74-550. January 9, 1975. Evelyn M. Sommer, New York City, atty. of record, for appellant; Murray Schaffer, New York City, of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; R.V. Lupo, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This appeal is from a decision of the Trademark Trial and Appeal Board, abstracted at 180 USPQ 527 (1973)

  9. Application of General Tire, Company

    404 F.2d 1396 (C.C.P.A. 1969)   Cited 7 times
    Affirming denial of injunction because consumers would probably think of product feature as ornamentation rather than as indicium of source

  10. Lone Star Manufacturing Co. v. Bill Beasley

    498 F.2d 906 (C.C.P.A. 1974)   Cited 2 times

    Patent Appeal No. 9201. July 3, 1974. Wofford, Felsman Fails, Fort Worth, Tex., attorneys of record, for appellant; Dennison, Dennison, Townshend Meserole, Arlington, Va., of counsel. Howard E. Moore, Dallas, Tex., attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. BALDWIN, Judge. This appeal is from the decision of the Trademark Trial and Appeal Board dismissing an opposition to appellee's