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D'Avocado, LLC

14 Cited authorities

  1. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 32 times   5 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

  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. Royal Crown Co. v. Coca-Cola Co.

    892 F.3d 1358 (Fed. Cir. 2018)   Cited 21 times   2 Legal Analyses
    Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness

  4. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 times   4 Legal Analyses
    Holding 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

  5. In re Hotels.com

    573 F.3d 1300 (Fed. Cir. 2009)   Cited 24 times   4 Legal Analyses
    Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey

  6. Cai v. Diamond Hong, Inc.

    901 F.3d 1367 (Fed. Cir. 2018)   Cited 10 times

    2018-1688 08-27-2018 ZHENG CAI, DBA Tai Chi Green Tea Inc., Appellant v. DIAMOND HONG, INC., Appellee Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Wallach, Circuit Judge. Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Before Prost, Chief Judge, Wallach and Hughes, Circuit Judges

  7. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  8. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

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

    15 U.S.C. § 1127   Cited 3,046 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  10. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,055 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  11. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 80 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

  12. Section 1112 - Classification of goods and services; registration in plurality of classes

    15 U.S.C. § 1112   Cited 25 times   1 Legal Analyses
    Authorizing classification scheme

  13. Section 2.32 - Requirements for a complete trademark or service mark application

    37 C.F.R. § 2.32   Cited 8 times   4 Legal Analyses
    Stating that registrants must submit an English translation of any non-English wording and "[i]f the mark includes non-Latin characters, a transliteration of those characters, and either a translation of the transliterated term in English, or a statement that the transliterated term has no meaning in English"

  14. Section 2.61 - Action by examiner

    37 C.F.R. § 2.61   Cited 6 times   3 Legal Analyses

    (a) Applications for registration, including amendments to allege use under section 1(c) of the Act, and statements of use under section 1(d) of the Act, will be examined and, if the applicant is found not entitled to registration for any reason, applicant will be notified and advised of the reasons therefor and of any formal requirements or objections. (b) The Office may require the applicant to furnish such information, exhibits, affidavits or declarations, and such additional specimens as may