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Lee Drannan Smithson v. Emsa-Werke Wulf GmbH & Co.

No. 92024163 (T.T.A.B. Aug. 31, 1999)
Lee Drannan Smithson v. Emsa-Werke Wulf GmbH & Co.

4 Cited authorities

  1. La Societe Anonyme des Parfums v. Jean Patou

    495 F.2d 1265 (2d Cir. 1974)   Cited 217 times
    Holding that use of a trademark was not bona fide where its "real purpose" in making sales "was to establish and maintain rights in [its] trademark"

  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. Kellogg Co. v. Pack'em Enterprises, Inc.

    951 F.2d 330 (Fed. Cir. 1991)   Cited 14 times
    Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

  4. Scholastic, Inc. v. MacMillan Inc.

    650 F. Supp. 866 (S.D.N.Y. 1987)   Cited 18 times
    Holding that a magazine title, "Classroom," was descriptive because it "immediately conveye[d] that the magazine is concerned with matters relating to teachers and students"