11 Cited authorities
In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 30 times 7 Legal AnalysesHolding that certain words referring to key aspects of a genus of services were generic for those services
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 41 times 2 Legal AnalysesEndorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
Real Foods Pty Ltd. v. Frito-Lay N. Am., Inc.
906 F.3d 965 (Fed. Cir. 2018) Cited 14 times 1 Legal Analyses2017-1959, 2017-2009 09-21-2018 REAL FOODS PTY LTD., Appellant v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by Stephanie Spangler ; Kelly Watkins, Allentown, PA. William G. Barber, Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by Tyson David Smith, David Armendariz. Wallach, Circuit Judge. Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued
In re Oppedahl & Larson LLP
373 F.3d 1171 (Fed. Cir. 2004) Cited 30 times 1 Legal AnalysesHolding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness
In re N.C. Lottery
866 F.3d 1363 (Fed. Cir. 2017) Cited 10 times 1 Legal Analyses2016-2558 08-10-2017 IN RE: NORTH CAROLINA LOTTERY, Appellant David E. Bennett, Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by David D. Kalish. William Lamarca, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by Nathan K. Kelley, Thomas L. Casagrande, Christina Hieber. Prost, Chief Judge. David E. Bennett , Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by David
In re Chamber of Commerce of the United States
675 F.3d 1297 (Fed. Cir. 2012) Cited 8 times 2 Legal AnalysesNo. 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
In re Shinnecock Smoke Shop
571 F.3d 1171 (Fed. Cir. 2009) Cited 7 times 1 Legal AnalysesNo. 2009-1100. July 1, 2009. Rehearing and Rehearing En Banc Denied August 28, 2009. Scott Michael Moore, Moore International Law Offices, of New York, NY, argued for appellant. Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Shannon M. Hansen, Associate Solicitor. Of counsel was Christina J
In re Boston Beer Co. Ltd. Partnership
198 F.3d 1370 (Fed. Cir. 1999) Cited 14 times 1 Legal AnalysesHolding that the claim "The Best Beer in America" amounted to mere puffery
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal AnalysesIn 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).
Application of Cooper
254 F.2d 611 (C.C.P.A. 1958) Cited 22 times 2 Legal AnalysesUpholding trademark office's refusal to register a book title as a trademark, but noting that "the rights in book titles are afforded appropriate protection under the law of unfair competition"
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,921 times 127 Legal AnalysesRequiring a filing of a Statement of Use to register a mark