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Concept Cyclery, Inc. v. Concept Cycles, LLC

No. 92055282 (T.T.A.B. Dec. 13, 2012)
Concept Cyclery, Inc. v. Concept Cycles, LLC

12 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,657 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  4. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. Crash Dummy v. Mattel

    601 F.3d 1387 (Fed. Cir. 2010)   Cited 28 times   3 Legal Analyses
    Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"

  7. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  8. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  9. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  10. Towers v. Advent Software, Inc.

    913 F.2d 942 (Fed. Cir. 1990)   Cited 6 times   1 Legal Analyses

    No. 90-1097. September 6, 1990. Helen Hill Minsker, of Beveridge, DeGrandi Weilacher, Washington, D.C., argued for appellant. With her on the brief was John T. Roberts. James L. Warren, of Pillsbury, Madison Sutro, San Francisco, Cal., argued for appellee. With him on the brief were Kevin M. Fong and Marina H. Park. Appeal from the Trademark Trial and Appeal Board of Patent and Trademark Office. Before MARKEY, Circuit Judge, BENNETT, Senior Circuit Judge, and CONTI, Senior District Judge. Circuit

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,206 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,015 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark