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Hollywood Casinos, LLC v. Chateau Celeste, Inc.

91203686 (T.T.A.B. Jul. 2, 2019)
Hollywood Casinos, LLC v. Chateau Celeste, Inc.

13 Cited authorities

  1. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 25 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  2. 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.”

  3. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 13 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  4. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  5. Lyons v. Am. Coll. of Veterinary Sports Med.

    859 F.3d 1023 (Fed. Cir. 2017)   Cited 7 times   1 Legal Analyses
    Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce

  6. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 41 times
    Recognizing that single bona fide shipment in commerce may support registration

  7. Holiday Inn v. Holiday Inns, Inc.

    534 F.2d 312 (C.C.P.A. 1976)   Cited 25 times
    Holding that the USPTO had properly limited a national chain's marks to a particular geographic area on the basis of a district court's judgment to that effect

  8. Chien Ming Huang v. Tzu Wei Chen Food Co.

    849 F.2d 1458 (Fed. Cir. 1988)   Cited 4 times   1 Legal Analyses
    Holding that a trademark is void when the application was filed in the name of an entity that did not own the mark.

  9. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  10. Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

    15 U.S.C. § 1115   Cited 1,913 times   34 Legal Analyses
    Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

  11. 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"

  12. 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"

  13. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination