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LHS Productions, Inc. DBA Video Bank

No. 87060327 (T.T.A.B. Jun. 26, 2018)
LHS Productions, Inc. DBA Video Bank

19 Cited authorities

  1. Ty Inc. v. Softbelly's, Inc.

    353 F.3d 528 (7th Cir. 2003)   Cited 72 times   2 Legal Analyses
    Holding that discriminators' sanctions imposed on one party for a minor violation were an abuse of discretion

  2. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 31 times   5 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

  3. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 27 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  4. Royal Crown Co. v. Coca-Cola Co.

    892 F.3d 1358 (Fed. Cir. 2018)   Cited 20 times   2 Legal Analyses
    Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness

  5. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

  6. 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

  7. In re La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 15 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

  8. In re Steelbuilding.com

    415 F.3d 1293 (Fed. Cir. 2005)   Cited 26 times   2 Legal Analyses
    Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

  9. In re Northland Aluminum Products, Inc.

    777 F.2d 1556 (Fed. Cir. 1985)   Cited 49 times
    Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"

  10. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 45 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  11. 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

  12. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 78 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

  13. 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