Christian M. Ziebarth v. Del Taco, LLC

22 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 104 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
Silverman v. Cbs Inc.
870 F.2d 40 (2d Cir. 1989) Cited 101 times 1 Legal Analyses
Holding that where some radio scripts from a radio show had entered the public domain and others were protected by copyright, plaintiff was entitled to use the public domain material without a license
Imperial Tobacco v. Philip Morris, Inc.
899 F.2d 1575 (Fed. Cir. 1990) Cited 82 times 5 Legal Analyses
Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes
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.”
Crash Dummy v. Mattel
601 F.3d 1387 (Fed. Cir. 2010) Cited 26 times 3 Legal Analyses
Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 57 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Anthony's Pizza Holding Co. v. Anthony's Pizza & Pasta International, Inc.
415 F. App'x 222 (Fed. Cir. 2010) Cited 2 times
No. 2010-1191. November 18, 2010. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Stewart J. Bellus, Collard Roe, P.C., of Roslyn, NY, for appellant. Garrett M. Tuttle, Ballard Spahr LLP, of Denver, CO, for appellee. With him on the brief was Jeffrey J. Cowman. Before RADER, Chief Judge, LOURIE and MOORE, Circuit Judges. PER CURIAM. The Trademark Trial and Appeal Board ("Board") granted the petition of Anthony's Pizza Pasta International, Inc. ("APPI")
Jewelers Vigilance Committee v. Ullenberg
853 F.2d 888 (Fed. Cir. 1988) Cited 5 times
Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116
Application of Bookbinder's Restaurant
240 F.2d 365 (C.C.P.A. 1957) Cited 7 times
In Bookbinder's, the evidence of record indicated that the applicant's services were not "rendered in commerce" within the meaning of the Act.
Jones & Laughlin Steel Corp. v. Jones Engineering Co.
292 F.2d 294 (C.C.P.A. 1961) Cited 2 times
Patent Appeal No. 6681. July 7, 1961. G.R. Harris, Pittsburgh, Pa. (Davidson C. Miller, Washington, D.C., of counsel), for appellant. Carlton Hill, Hill, Sherman, Meroni, Gross Simpson, Chicago, Ill., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions of Section 294(d), Title 28 United
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 349,026 times 931 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,402 times 323 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,206 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,529 times 36 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,727 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,143 times 12 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,766 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,953 times 96 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence
Fed. R. Evid. 611 Cited 1,900 times 7 Legal Analyses
Granting trial judge broad discretion to control witness examination
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"

Christian M. Ziebarth v. Del Taco, LLC

22 Cited authorities

Holding that it is the opposer's burden to prove fame of its mark

Holding that where some radio scripts from a radio show had entered the public domain and others were protected by copyright, plaintiff was entitled to use the public domain material without a license

Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

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

Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"

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

Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116

In Bookbinder's, the evidence of record indicated that the applicant's services were not "rendered in commerce" within the meaning of the Act.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that a party may be barred from using a witness if it fails to disclose the witness

Holding that such a statement must merely be made by the party and offered against that party

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Recognizing exception to rule against hearsay for records of regularly conducted activities

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Requiring lay opinion testimony to be "rationally based on the witness's perception"

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

Granting trial judge broad discretion to control witness examination

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"