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Carvel Corp. v. Ice Cream Bakery

No. 91092814 (T.T.A.B. May. 19, 1999)
Carvel Corp. v. Ice Cream Bakery

8 Cited authorities

  1. Two Pesos, Inc. v. Taco Cabana, Inc.

    505 U.S. 763 (1992)   Cited 2,010 times   35 Legal Analyses
    Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

  2. Fidelity Construction Co. v. U.S.

    464 U.S. 826 (1983)   Cited 159 times
    Applying Compton favorably

  3. Taco Cabana Intern., Inc. v. Two Pesos, Inc.

    932 F.2d 1113 (5th Cir. 1991)   Cited 249 times   5 Legal Analyses
    Holding district court has “considerable discretion in fashioning an appropriate remedy for infringement”

  4. K. F. C. v. Diversified Packaging

    549 F.2d 368 (5th Cir. 1977)   Cited 221 times   2 Legal Analyses
    Holding that the "determinative question" in applying common law tort of unfair competition is "whether the tortfeasor's practices are likely to mislead customers into believing that the product emanates from or has been endorsed by the claimant"

  5. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 83 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  6. 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.”

  7. Visa, U.S.A. v. Birmingham Trust Nat. Bank

    696 F.2d 1371 (Fed. Cir. 1982)   Cited 60 times
    Holding that a "naked assignment" of a trademark without the accompanying goodwill was valid because it did not serve to confuse consumers

  8. Interstate Brands v. Celestial Seasonings

    576 F.2d 926 (C.C.P.A. 1978)   Cited 12 times
    Finding no error in the citation to third-party registrations