Driven Innovations, Inc.

13 Cited authorities

  1. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
  2. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness
  3. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding 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"
  4. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  5. The Last Best Beef v. Dudas

    506 F.3d 333 (4th Cir. 2007)   Cited 11 times
    Holding that Congress has removed specific trademarks from the general trademark process
  6. Blacklight Power, Inc. v. Rogan

    295 F.3d 1269 (Fed. Cir. 2002)   Cited 10 times
    Stating that the word "shall" imposes a duty
  7. Application of Abcor Development Corp.

    588 F.2d 811 (C.C.P.A. 1978)   Cited 36 times   2 Legal Analyses
    In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
  8. INSTITUT NAT. DES APPELLATIONS v. VINTNERS

    958 F.2d 1574 (Fed. Cir. 1992)   Cited 13 times
    Affirming finding, on summary judgment, that the term "Chablis" is generic
  9. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
  10. In re Gyulay

    820 F.2d 1216 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses
    Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark
  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,585 times   271 Legal Analyses
    Granting 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"
  13. Section 2.146 - Petitions to the Director

    37 C.F.R. § 2.146   Cited 8 times   23 Legal Analyses

    (a) Petition may be taken to the Director in a trademark case: (1) From any repeated or final formal requirement of the examiner in the ex parte prosecution of an application if permitted by § 2.63(a) and (b) ; (2) In any case for which the Act of 1946, Title 35 of the United States Code, or parts 2, 3, 6, and 7 of Title 37 of the Code of Federal Regulations specifies that the matter is to be determined directly or reviewed by the Director; (3) To invoke the supervisory authority of the Director