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Direct Marketing Consultants, LLC v. Wise-Buys, Inc.

No. 92049014 (T.T.A.B. Jul. 13, 2009)
Direct Marketing Consultants, LLC v. Wise-Buys, Inc.

7 Cited authorities

  1. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  2. 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.”

  3. Torres v. Cantine Torresella S.R.L

    808 F.2d 46 (Fed. Cir. 1986)   Cited 52 times   3 Legal Analyses
    Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

  4. Larry Harmon Pictures v. Williams Restaurant

    929 F.2d 662 (Fed. Cir. 1991)   Cited 16 times   2 Legal Analyses
    Finding single restaurant satisfied "use in commerce" requirement because "the record here established that [restaurant's mark] has been used in connection with services rendered to customers traveling across state boundaries," and distinguishing similar earlier cases where there was no such evidence

  5. Application of Gastown, Inc.

    326 F.2d 780 (C.C.P.A. 1964)   Cited 11 times
    In Gastown, the appellant operated a chain of automobile and truck service stations, some of which were located on federal highways.

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

    15 U.S.C. § 1127   Cited 3,048 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  7. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"