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Great Treats, Inc. v. Bigger Than Bill, Inc. DBA Mullen's Dairy

91231322 (T.T.A.B. Feb. 4, 2020)
Great Treats, Inc. v. Bigger Than Bill, Inc. DBA Mullen's Dairy

21 Cited authorities

  1. Two Pesos, Inc. v. Taco Cabana, Inc.

    505 U.S. 763 (1992)   Cited 2,022 times   36 Legal Analyses
    Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

  2. Nat'l Labor Relations Bd. v. Bildisco & Bildisco

    465 U.S. 513 (1984)   Cited 1,163 times   22 Legal Analyses
    Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167

  3. Mission Product Holdings, Inc. v. Tempnology, LLC

    139 S. Ct. 1652 (2019)   Cited 194 times   50 Legal Analyses
    Holding that a case was not moot, even where there were no assets available for recovery

  4. Taco Cabana Intern., Inc. v. Two Pesos, Inc.

    932 F.2d 1113 (5th Cir. 1991)   Cited 250 times   5 Legal Analyses
    Holding district court has “considerable discretion in fashioning an appropriate remedy for infringement”

  5. Barcamerica Intern. v. Tyfield Importers, Inc.

    289 F.3d 589 (9th Cir. 2002)   Cited 177 times   2 Legal Analyses
    Holding that while arguments that lodged documents were before the court were "interesting," they were nonetheless meritless because a lodged document was not filed

  6. Ash Park, LLC v. Alexander & Bishop, Ltd.

    2015 WI 65 (Wis. 2015)   Cited 52 times   1 Legal Analyses
    Noting that ambiguous contracts will be construed against the drafter

  7. 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.”

  8. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 16 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  9. Visa, U.S.A. v. Birmingham Trust Nat. Bank

    696 F.2d 1371 (Fed. Cir. 1982)   Cited 60 times
    Holding that a "naked assignment" of a trademark without the accompanying goodwill was valid because it did not serve to confuse consumers

  10. Stock Pot Restaurant, Inc. v. Stockpot, Inc.

    737 F.2d 1576 (Fed. Cir. 1984)   Cited 33 times
    In Stock Pot, the appellee was a dissolved Massachusetts corporation at the time it filed suit and therefore did not have capacity to sue under Massachusetts law.

  11. Section 365 - Executory contracts and unexpired leases

    11 U.S.C. § 365   Cited 5,783 times   218 Legal Analyses
    Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

  12. Rule 609 - Impeachment by Evidence of a Criminal Conviction

    Fed. R. Evid. 609   Cited 4,591 times   15 Legal Analyses
    Adopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes

  13. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,923 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1127   Cited 3,050 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  15. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"