Business Building Solutions, LLC

24 Cited authorities

  1. Miller's Ale House, Inc. v. Boynton Carolina Ale House, LLC

    702 F.3d 1312 (11th Cir. 2012)   Cited 89 times   2 Legal Analyses
    Finding no actual deception where plaintiff did not adduce any reliable consumer or market research showing deception and instead produced only anecdotal evidence
  2. Erbe Elektromedizin GmbH & ERBE USA v. Canady Technology LLC

    629 F.3d 1278 (Fed. Cir. 2010)   Cited 62 times   1 Legal Analyses
    Holding that the color blue for endoscopic probes was functional because its contrast with human tissue made the probe more visible through an endoscopic camera
  3. Ashley Furniture Industries, Inc. v. Sangiacomo N.A. Ltd.

    187 F.3d 363 (4th Cir. 1999)   Cited 57 times   2 Legal Analyses
    Holding that trade dress protection was not available for silverware bearing pattern described as "ornate, massive and flowery [with] indented, flowery roots and scrolls and curls along the side of the shaft, and flower arrangements along the front of the shaft," because "where an ornamental feature is claimed as a trademark and trademark protection would significantly hinder competition by limiting the range of adequate alternative designs, the aesthetic functionality doctrine denies such protection"
  4. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 25 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services
  5. 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”
  6. In re Owens-Corning Fiberglas Corp.

    774 F.2d 1116 (Fed. Cir. 1985)   Cited 61 times   4 Legal Analyses
    Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature
  7. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
  8. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness
  9. In re La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 13 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark
  10. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark
  12. 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"