Flame & Wax, Inc. v. Laguna Candles

10 Cited authorities

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.”
In re Owens-Corning Fiberglas Corp.
774 F.2d 1116 (Fed. Cir. 1985) Cited 61 times 4 Legal Analyses
Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal Analyses
Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
In re Wada
194 F.3d 1297 (Fed. Cir. 1999) Cited 11 times
Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."
In re Loew's Theatres, Inc.
769 F.2d 764 (Fed. Cir. 1985) Cited 26 times 2 Legal Analyses
Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco
In re Nantucket, Inc.
677 F.2d 95 (C.C.P.A. 1982) Cited 28 times
Describing this legislative history
In re Societe Generale Des Eaux Minerales De Vittel S.A.
824 F.2d 957 (Fed. Cir. 1987) Cited 9 times 2 Legal Analyses
No. 87-1127. July 14, 1987. Paul F. Kilmer, Mason, Fenwick Lawrence, Washington, D.C., for appellant. Albin F. Drost, Office of the Solicitor, Arlington, Va., for appellee. Appeal from the United States Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH and BISSELL, Circuit Judges. RICH, Circuit Judge. This appeal is from the 30 September 1986 decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), 1 USPQ2d
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,447 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 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"

Flame & Wax, Inc. v. Laguna Candles

10 Cited authorities

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."

Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

Describing this legislative history

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

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"

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"