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Hikari Sales USA, Inc.

86439012 (T.T.A.B. Mar. 29, 2019)
Hikari Sales USA, Inc.

53 Cited authorities

  1. I4I Ltd. Partnership v. Microsoft Corp.

    598 F.3d 831 (Fed. Cir. 2010)   Cited 639 times   5 Legal Analyses
    Holding that a party's quarrel with the facts the damages expert used go to the weight, not admissibility, of the expert's opinion

  2. Summit 6, LLC v. Samsung Electronics Co.

    802 F.3d 1283 (Fed. Cir. 2015)   Cited 361 times
    Holding that the district court did not err by declining to construe the term "[b]eing provided to"

  3. Amstar Corp. v. Domino's Pizza, Inc.

    615 F.2d 252 (5th Cir. 1980)   Cited 387 times   1 Legal Analyses
    Holding that there was no evidence of intent because even though the junior user was aware of Domino sugar, he was simply shortening the prior name of the restaurant

  4. Microstrategy Inc. v. Business Objects, S.A

    429 F.3d 1344 (Fed. Cir. 2005)   Cited 146 times
    Holding that "this court reviews a district court's evidentiary rulings under the law of the regional circuit"

  5. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 104 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  6. Miller Brewing Co. v. Jos. Schlitz Brewing Co.

    605 F.2d 990 (7th Cir. 1979)   Cited 140 times
    Holding that a relaxed concept of finality is acceptable for collateral estoppel

  7. Enzo Biochem, Inc. v. Gen-Probe Inc.

    424 F.3d 1276 (Fed. Cir. 2005)   Cited 58 times   1 Legal Analyses
    Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

  8. Converse, Inc. v. Int'l Trade Comm'n

    907 F.3d 1361 (Fed. Cir. 2018)   Cited 32 times   3 Legal Analyses
    Advising that "both Converse's use and the use by its competitors" must be considered

  9. Burke-Parsons-Bowlby v. Appalachian Log Homes

    871 F.2d 590 (6th Cir. 1989)   Cited 85 times
    Holding that " trademark that is primarily geographically descriptive must have acquired secondary meaning to invoke the protection of the Lanham Act."

  10. Schwan's IP, LLC v. Kraft Pizza Co.

    460 F.3d 971 (8th Cir. 2006)   Cited 48 times
    Holding that survey evidence concerning the term "Brick Oven" was irrelevant because the designation was "commonly used" before the use by either party

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,581 times   251 Legal Analyses
    Adopting the Daubert standard

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,778 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  13. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,575 times   259 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"

  14. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 77 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"