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Jaguar Land Rover Limited v. Toys Tekk

No. 91213584 (T.T.A.B. Nov. 9, 2015)
Jaguar Land Rover Limited v. Toys Tekk

15 Cited authorities

  1. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 72 times   3 Legal Analyses
    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"

  2. 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

  3. Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.

    685 F.3d 1046 (Fed. Cir. 2012)   Cited 18 times
    Applying abuse of discretion standard to Trademark Trial and Appeal Board's sanctions award

  4. J J Snack Foods Corp. v. McDonalds' Corp.

    932 F.2d 1460 (Fed. Cir. 1991)   Cited 44 times   1 Legal Analyses
    Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

  5. 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"

  6. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 23 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  7. Turner v. H M H Publishing Company

    380 F.2d 224 (5th Cir. 1967)   Cited 59 times
    Concluding under 15 U.S.C. § 1055 plaintiff as licensor "introduced ample evidence to show that [it] fully controlled and dictated the nature and quality of the goods and services used in connection with the trade and service marks by the several [independently owned] licensees"

  8. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  9. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  10. P. A. B. Produits, Etc. v. Satinine Societa

    570 F.2d 328 (C.C.P.A. 1978)   Cited 13 times

    Appeal No. 77-589. February 16, 1978. Robert J. Patch, Washington, D.C. (Young Thompson, Arlington, Va.), attorneys of record, for appellant. G. Franklin Rothwell, Washington, D.C. (Sughrue, Rothwell, Mion, Zinn Macpeak, Washington, D.C.), attorneys of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. LANE, Judge. Registrant appeals from a decision of the Trademark Trial and Appeal Board (board)

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,371 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  13. 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

  14. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,953 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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"