Brooks Sports, Inc. v. Anta (China) Co., Ltd.

21 Cited authorities

On-Line Careline, Inc. v. America Online
229 F.3d 1080 (Fed. Cir. 2000) Cited 76 times
Applying Recot in analyzing the similarity of services
Emergency One, Inc. v. American Fireeagle
228 F.3d 531 (4th Cir. 2000) Cited 66 times 1 Legal Analyses
Holding that three consecutive years of non-use of a mark creates a presumption of abandonment
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.”
Stetson v. Howard D. Wolf Associates
955 F.2d 847 (2d Cir. 1992) Cited 50 times
Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result
Cerveceria Centroamericana v. Cerveceria
892 F.2d 1021 (Fed. Cir. 1989) Cited 50 times 1 Legal Analyses
Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse
Couture v. Playdom, Inc.
778 F.3d 1379 (Fed. Cir. 2015) Cited 12 times 7 Legal Analyses
Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 12 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 55 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Rivard v. Linville
133 F.3d 1446 (Fed. Cir. 1998) Cited 23 times 2 Legal Analyses
Finding evidence must be more than a mere denial of an intent to abandon
Lens.Com, Inc. v. 1–800 Contacts, Inc.
686 F.3d 1376 (Fed. Cir. 2012) Cited 8 times 1 Legal Analyses
In Lens.com, the court found that the Lens.com software facilitated the customers' online ordering, providing customers an enhanced consumer experience that provided greater value to Lens.com's online retail services.
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,943 times 95 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 882 times 47 Legal Analyses
Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
Section 1069 - Application of equitable principles in inter partes proceedings
15 U.S.C. § 1069 Cited 47 times 1 Legal Analyses
Providing in the Lanham Act context that "[i]n all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied"
Section 1151 - Purpose of chapter
15 U.S.C. § 1151 Cited 8 times
The purpose of this chapter is to make the results of technological research and development more readily available to industry and business, and to the general public, by clarifying and defining the functions and responsibilities of the Department of Commerce as a central clearinghouse for technical information which is useful to American industry and business. 15 U.S.C. § 1151 Sept. 9, 1950, ch. 936, §1, 64 Stat. 823.
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 22 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"

Brooks Sports, Inc. v. Anta (China) Co., Ltd.

21 Cited authorities

Applying Recot in analyzing the similarity of services

Holding that three consecutive years of non-use of a mark creates a presumption of abandonment

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

Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result

Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Finding evidence must be more than a mere denial of an intent to abandon

In Lens.com, the court found that the Lens.com software facilitated the customers' online ordering, providing customers an enhanced consumer experience that provided greater value to Lens.com's online retail services.

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

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Providing in the Lanham Act context that "[i]n all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied"

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"