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

16 Cited authorities

  1. Permanent v. Lasting

    543 U.S. 111 (2004)   Cited 336 times   5 Legal Analyses
    Holding defense available even where likelihood of confusion established
  2. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
  3. 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
  4. E.I. DuPont de Nemours Co. v. Yoshida Int'l.

    393 F. Supp. 502 (E.D.N.Y. 1975)   Cited 83 times   1 Legal Analyses
    Finding that survey results indicating that 68% of consumers viewed Teflon as a brand name rebutted the claim that the mark was generic
  5. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
  6. 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"
  7. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 47 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
  8. Ayer v. United States

    902 F.2d 1038 (1st Cir. 1990)   Cited 35 times
    Holding that Air Force decision not to include safety railings in missile launch control chamber fell within the discretionary function exception
  9. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 23 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels
  10. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 33 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"
  11. 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"