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International Business Machines Corporation

No. 75581859 (T.T.A.B. Dec. 15, 2006)
International Business Machines Corporation

16 Cited authorities

  1. Abercrombie Fitch Co. v. Hunting World, Inc.

    537 F.2d 4 (2d Cir. 1976)   Cited 818 times   6 Legal Analyses
    Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

  2. Genesee Brewing Co., Inc. v. Stroh Brewing Co.

    124 F.3d 137 (2d Cir. 1997)   Cited 302 times   1 Legal Analyses
    Holding that to recover for unfair competition based on the use of a generic term, the plaintiff was required to show, inter alia, “an association of origin by the consumer between the mark and the first user, that is, secondary meaning”

  3. Keebler Co. v. Rovira Biscuit Corp.

    624 F.2d 366 (1st Cir. 1980)   Cited 150 times
    Finding three and half years combined with striking differences between containers makes lack of actual confusion significant

  4. Surgicenters of Am. v. Med. Dental Surgeries

    601 F.2d 1011 (9th Cir. 1979)   Cited 100 times   1 Legal Analyses
    Holding that the "consuming public," which consisted of doctors and their patients, considered the mark "surgicenter" to be generic

  5. Reese Pub. Co. v. Hampton Intern. Communications

    620 F.2d 7 (2d Cir. 1980)   Cited 95 times
    Holding that "Video Buyer's Guide" is generic

  6. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  7. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  8. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 23 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  9. In re Gould Paper Corp.

    834 F.2d 1017 (Fed. Cir. 1987)   Cited 20 times   3 Legal Analyses
    Holding that the compound term "SCREEN-WIPE" is generic as applied to wipes for cleaning monitor screens

  10. America Online, Inc. v. AT&T Corp.

    64 F. Supp. 2d 549 (E.D. Va. 1999)   Cited 7 times

    No. Civ.A.98-1821-A. August 13, 1999. Alice Stevens Fisher, Latham Watkins, Washington, DC, Randall J. Boe, Dulles, VA, Craig Crandall Reilly, Richards, McGettigan, Reilly West, PC, Alexandria, VA, for Plaintiff. Terence P. Ross, Gobson, Dunn Crutcher, Washington, DC, William Michael Merone, Kenyon Kenyon, Washington, DC, for Defendant. MEMORANDUM OPINION HILTON, Chief Judge. This matter comes before the Court on Defendant's Motion for Summary Judgment as to their six declaratory judgment counterclaims

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

    15 U.S.C. § 1052   Cited 1,611 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"

  12. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 80 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"