Carling Technologies, Inc.

10 Cited authorities

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 796 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
Thomas Betts Corp. v. Panduit Corp.
138 F.3d 277 (7th Cir. 1998) Cited 175 times
Finding that the plaintiff's advertising that prominently featured the shape of the product could function to draw consumers' attention to the shape and to associate it with the plaintiff
Braun Inc. v. Dynamics Corp. of America
975 F.2d 815 (Fed. Cir. 1992) Cited 175 times
Holding that " claim of trade dress infringement fails if secondary meaning did not exist before the infringement began" and placing the burden of proof on the plaintiff
Converse, Inc. v. Int'l Trade Comm'n
907 F.3d 1361 (Fed. Cir. 2018) Cited 39 times 3 Legal Analyses
Holding party must prove design acquired secondary meaning before first infringement
In re Pacer Technology
338 F.3d 1348 (Fed. Cir. 2003) Cited 48 times 1 Legal Analyses
No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA
Royal Crown Co. v. Coca-Cola Co.
892 F.3d 1358 (Fed. Cir. 2018) Cited 21 times 2 Legal Analyses
Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness
In re Boston Beer Co. Ltd. Partnership
198 F.3d 1370 (Fed. Cir. 1999) Cited 14 times 1 Legal Analyses
Holding that the claim "The Best Beer in America" amounted to mere puffery
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,905 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 3,031 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,606 times 274 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"

Carling Technologies, Inc.

10 Cited authorities

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Finding that the plaintiff's advertising that prominently featured the shape of the product could function to draw consumers' attention to the shape and to associate it with the plaintiff

Holding that " claim of trade dress infringement fails if secondary meaning did not exist before the infringement began" and placing the burden of proof on the plaintiff

Holding party must prove design acquired secondary meaning before first infringement

Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness

Holding that the claim "The Best Beer in America" amounted to mere puffery

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

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"