20 Cited authorities
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 40 times 2 Legal AnalysesEndorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 58 times 4 Legal AnalysesHolding 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
In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 timesFinding 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"
In re Reed
482 F.3d 1376 (Fed. Cir. 2007) Cited 14 times 2 Legal AnalysesHolding that the Board properly considered websites containing "lawyer.com" or "lawyers.com" in their domain names to determine what the relevant public would understand LAWYERS.COM to mean
In re Bacardi
No. 09 B 25757 (Bankr. N.D. Ill. Jan. 6, 2010) Cited 11 timesFinding abuse where debtors, making over $200,000 per year, kept an $800,000 house when they had reasonable alternative housing available that would permit a substantial repayment to their unsecured creditors; even if the debtors did not have less expensive house available to them, their excessive housing costs combined with their high income and their ability to repay something to their creditors made the case an abusive filing
In re Save Venice New York, Inc.
259 F.3d 1346 (Fed. Cir. 2001) Cited 19 times 1 Legal AnalysesObserving that " registered mark is incontestable only in the form registered and for the goods or services claimed"
In re Hall
228 B.R. 483 (Bankr. M.D. Ga. 1998) Cited 19 timesFinding that debtor's honest though unreasonable belief that he would win did not allow a finding of malevolent intent to defraud plaintiff
In re Spirits Intern., N.V
563 F.3d 1347 (Fed. Cir. 2009) Cited 8 times 1 Legal AnalysesNoting that “[t]he Lanham Act was designed to codify, not change, the common law in this area”
In re Shinnecock Smoke Shop
571 F.3d 1171 (Fed. Cir. 2009) Cited 7 times 1 Legal AnalysesNo. 2009-1100. July 1, 2009. Rehearing and Rehearing En Banc Denied August 28, 2009. Scott Michael Moore, Moore International Law Offices, of New York, NY, argued for appellant. Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Shannon M. Hansen, Associate Solicitor. Of counsel was Christina J
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc.
702 F. Supp. 2d 238 (D. Del. 2010) Cited 4 timesNo. Civ. 06-505-SLR. April 6, 2010. Jack B. Blumenfeld, Esquire and Rodger D. Smith, II, Esquire of Morris, Nichols, Arsht Tunnell LLP, Wilmington, DE. Counsel for Plaintiff. Of Counsel, Vincent N. Palladino, Esquire, Eric R. Hubbard, Esquire, Leslie M. Spencer, Esquire, Brynn Metzger-Hare, Esquire and Margaret C. Lu, Esquire of Ropes Gray LLP, New York, NY. William J. Wade, Esquire and Anne Shea Gaza, Esquire of Richards, Layton, Finger, Wilmington, DE. Counsel for Defendant. Of Counsel, William
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,872 times 329 Legal AnalysesHolding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,610 times 274 Legal AnalysesGranting 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"