Kapalua Land Company, Ltd.

6 Cited authorities

Horseshoe Bay Resort Sales Co. v. Lake Lyndon B. Johnson Improvement Corp.
53 S.W.3d 799 (Tex. App. 2001) Cited 87 times
Holding that the continued use of a trademarked domain name gave "rise to a separate cause of action each day it [was] repeated"
In re Pacer Technology
338 F.3d 1348 (Fed. Cir. 2003) Cited 46 times 1 Legal Analyses
No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 57 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
In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 times
Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
In re Loew's Theatres, Inc.
769 F.2d 764 (Fed. Cir. 1985) Cited 26 times 2 Legal Analyses
Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco
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"

Kapalua Land Company, Ltd.

6 Cited authorities

Horseshoe Bay Resort Sales Co. v. Lake Lyndon B. Johnson Improvement Corp.

Holding that the continued use of a trademarked domain name gave "rise to a separate cause of action each day it [was] repeated"

In re Pacer Technology

In re Merrill Lynch, Pierce, Fenner, Smith

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

In re Nett Designs, Inc.

Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

In re Loew's Theatres, Inc.

Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

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"