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Kate Spade LLC v. Thatch, LLC Kate Spade LLC v. The Spades Trademark Company, LLC

No. 91217168 (T.T.A.B. Mar. 22, 2018)
Kate Spade LLC v. Thatch, LLC Kate Spade LLC v. The Spades Trademark Company, LLC

17 Cited authorities

  1. Southern States Rack & Fixture, Inc. v. Sherwin-Williams Co.

    318 F.3d 592 (4th Cir. 2003)   Cited 729 times   2 Legal Analyses
    Holding that opponent of evidence was "surprised" by expert opinion provided in untimely supplemental report because, prior to submission of supplemental report, expert had stated in his deposition that "he had completed his opinions"

  2. Microstrategy Inc. v. Business Objects, S.A

    429 F.3d 1344 (Fed. Cir. 2005)   Cited 154 times
    Holding that "this court reviews a district court's evidentiary rulings under the law of the regional circuit"

  3. Shepher v. Clay

    138 S. Ct. 658 (2018)

    No. 17–6411. 01-08-2018 Maurice SHEPHER, petitioner, v. Harvey CLAY, Superintendent, Lumberton Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

  4. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 28 times   2 Legal Analyses
    Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

  5. El Encanto, Inc. v. Hatch Chile Co.

    825 F.3d 1161 (10th Cir. 2016)   Cited 24 times   1 Legal Analyses
    Holding "a district court always abuses its discretion when it errs on a legal question"

  6. Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.

    797 F.3d 1363 (Fed. Cir. 2015)   Cited 17 times   4 Legal Analyses
    Holding that the Board erred in giving little weight to evidence of registered third-party marks in actual use

  7. Brunswick Corp. v. British Seagull LTD

    35 F.3d 1527 (Fed. Cir. 1994)   Cited 28 times
    Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines

  8. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 99,834 times   680 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  9. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 47,899 times   332 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  10. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,527 times   112 Legal Analyses
    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"

  11. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,325 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,886 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  13. Section 2.116 - Federal Rules of Civil Procedure

    37 C.F.R. § 2.116   Cited 50 times
    Making the federal rules of civil procedure generally applicable in TTAB proceedings

  14. 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"

  15. Section 2.121 - Assignment of times for taking testimony and presenting evidence

    37 C.F.R. § 2.121   Cited 6 times

    (a) The Trademark Trial and Appeal Board will issue a trial order setting a deadline for each party's required pretrial disclosures and assigning to each party its time for taking testimony and presenting evidence ("testimony period"). No testimony shall be taken or evidence presented except during the times assigned, unless by stipulation of the parties approved by the Board, or upon motion granted by the Board, or by order of the Board. The deadlines for pretrial disclosures and the testimony periods

  16. Section 2.129 - Oral argument; reconsideration

    37 C.F.R. § 2.129   Cited 2 times

    (a) If a party desires to have an oral argument at final hearing, the party shall request such argument by a separate notice filed not later than ten days after the due date for the filing of the last reply brief in the proceeding. Oral arguments will be heard by at least three Administrative Trademark Judges or other statutory members of the Trademark Trial and Appeal Board at the time specified in the notice of hearing. If any party appears at the specified time, that party will be heard. Parties

  17. Section 2.125 - Filing and service of testimony

    37 C.F.R. § 2.125   Cited 1 times

    (a) One copy of the declaration or affidavit prepared in accordance with § 2.123 , together with copies of documentary exhibits and duplicates or photographs of physical exhibits, shall be served on each adverse party at the time the declaration or affidavit is submitted to the Trademark Trial and Appeal Board during the assigned testimony period. (b) One copy of the transcript of each testimony deposition taken in accordance with § 2.123 or § 2.124 , together with copies of documentary exhibits