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Dark Storm Industries, LLC v. Hurricane Butterfly Manufacturing, LLC

91239079 (T.T.A.B. May. 1, 2020)
Dark Storm Industries, LLC v. Hurricane Butterfly Manufacturing, LLC

8 Cited authorities

  1. Exergen Corporation v. Wal-Mart Stores, Inc.

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 705 times   17 Legal Analyses
    Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim

  2. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 30 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  3. Kythera Biopharmaceuticals, Inc. v. Lithera, Inc.

    998 F. Supp. 2d 890 (C.D. Cal. 2014)   Cited 28 times
    Finding plausible allegations of a likelihood of confusion

  4. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 16 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  5. M.Z. Berger & Co. v. Swatch AG

    787 F.3d 1368 (Fed. Cir. 2015)   Cited 13 times   8 Legal Analyses
    Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration

  6. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 42 times
    Recognizing that single bona fide shipment in commerce may support registration

  7. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

  8. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes