Warth v. Seldin

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Pom Wonderful LLC v. Coca-Cola Co.

Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice

Patent and Trademark Office v. Booking.com B. V.

Holding that whether a term is generic "depends on whether consumers in fact perceive that term as the name of a class or, instead, as a term capable of distinguishing among members of the class"

Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

Nartron Corp. v. Stmicroelectronics, Inc.

Holding that composite term "smart power" is generic

Air Land Forwarders, Inc., v. U.S.

Holding that Rule 803 does not require first-hand knowledge of the original preparation of the document when "an organization incorporated the records of another entity into its own, relied upon those records in its day-to-day operations, and where there are other strong indicia of reliability"

Cunningham v. Laser Golf Corp.

Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

In re Cordua Rests., Inc.

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

Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

In re Bayer

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Rule 45 - Subpoena

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

Recognizing exception to rule against hearsay for records of regularly conducted activities

Rule 901 - Authenticating or Identifying Evidence

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Rule 802 - The Rule Against Hearsay

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1127 - Construction and definitions; intent of chapter

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

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Rule 603 - Oath or Affirmation to Testify Truthfully

Setting out the oath requirement

Section 1054 - Collective marks and certification marks registrable

Authorizing "nations, States, municipalities, and the like" to register collective marks

Section 133.149 - Gruyere cheese

Section 133.169 - Pasteurized process cheese

Section 133.184 - Roquefort cheese, sheep's milk blue-mold, and blue-mold cheese from sheep's milk