Kent Pedersen

19 Cited authorities

  1. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 51 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge
  2. 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
  3. 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"
  4. Pro-Football, Inc. v. Harjo

    284 F. Supp. 2d 96 (D.D.C. 2003)   Cited 19 times   6 Legal Analyses
    Finding economic prejudice if a trademark registration were cancelled where a defendant had invested money in marketing and brand development
  5. In re Shinnecock Smoke Shop

    571 F.3d 1171 (Fed. Cir. 2009)   Cited 7 times   1 Legal Analyses

    No. 2009-1100. July 1, 2009. Rehearing and Rehearing En Banc Denied August 28, 2009. Scott Michael Moore, Moore International Law Offices, of New York, NY, argued for appellant. Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Shannon M. Hansen, Associate Solicitor. Of counsel was Christina J

  6. In re Rath

    402 F.3d 1207 (Fed. Cir. 2005)   Cited 9 times

    Nos. 04-1419, 04-1420, 75/753,445, 75/753,597. March 24, 2005. Roy S. Gordet, San Francisco, California, for appellant. John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, for the Director of the United States Patent and Trademark Office. With him on the brief were Cynthia C. Lynch and Nancy C. Slutter, Associate Solicitors. Of counsel on the brief were Lois E. Boland, Director, and Amy P. Cotton, Staff Attorney, Office of International Relations. Before

  7. In re Wada

    194 F.3d 1297 (Fed. Cir. 1999)   Cited 11 times
    Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."
  8. 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"
  9. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
  10. Action Temporary Services v. Labor Force

    870 F.2d 1563 (Fed. Cir. 1989)   Cited 10 times

    No. 88-1446. March 23, 1989. J. Rodman Steele, Steele, Gould Fried, Philadelphia, Pa., argued for appellant. With him on the brief was Gregory A. Nelson. Jonathan E. Jobe, Jr., Hubbard, Thurman, Turner Tucker, Dallas, Tex., argued for appellee. With him on the brief was Molly Buck Richard. Appeal from the United States Patent and Trademark Office Trademark Trial and Appeal Board. Before RICH, SMITH and NEWMAN, Circuit Judges. EDWARD S. SMITH, Circuit Judge. In this concurrent use proceeding, the

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,208 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  12. 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
  13. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,954 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark
  14. 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"
  15. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"
  16. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty