Instagram, LLC v. Brian Sherman Haight

17 Cited authorities

On-Line Careline, Inc. v. America Online
229 F.3d 1080 (Fed. Cir. 2000) Cited 77 times
Applying Recot in analyzing the similarity of services
Emergency One, Inc. v. American Fireeagle
228 F.3d 531 (4th Cir. 2000) Cited 71 times 1 Legal Analyses
Holding that three consecutive years of non-use of a mark creates a presumption of abandonment
Imperial Tobacco v. Philip Morris, Inc.
899 F.2d 1575 (Fed. Cir. 1990) Cited 86 times 5 Legal Analyses
Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes
In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 27 times 7 Legal Analyses
Holding that certain words referring to key aspects of a genus of services were generic for those services
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.”
Stetson v. Howard D. Wolf Associates
955 F.2d 847 (2d Cir. 1992) Cited 53 times
Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result
Cerveceria Centroamericana v. Cerveceria
892 F.2d 1021 (Fed. Cir. 1989) Cited 50 times 1 Legal Analyses
Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 14 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
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"
Rivard v. Linville
133 F.3d 1446 (Fed. Cir. 1998) Cited 23 times 2 Legal Analyses
Finding evidence must be more than a mere denial of an intent to abandon
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,016 times 98 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,600 times 274 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"
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 918 times 50 Legal Analyses
Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
Section 2.120 - Discovery
37 C.F.R. § 2.120 Cited 23 times 5 Legal Analyses
Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"
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"

Instagram, LLC v. Brian Sherman Haight

17 Cited authorities

Applying Recot in analyzing the similarity of services

Holding that three consecutive years of non-use of a mark creates a presumption of abandonment

Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

Holding that certain words referring to key aspects of a genus of services were generic for those services

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result

Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Finding evidence must be more than a mere denial of an intent to abandon

Granting standing under § 1114 to the legal representative of the registrant of a trademark

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"

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

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"