Lori Burton v. Miranda McIntosh

20 Cited authorities

  1. Sengoku Works Ltd. v. RMC International, Ltd.

    96 F.3d 1217 (9th Cir. 1996)   Cited 233 times   1 Legal Analyses
    Applying the manufacturer-distributor paradigm to a trademark dispute between Sengoku (who manufactured heaters) and RMC (who arranged for retailer purchases), even though "Sengoku sold the heaters to an independent trading company, Zenith & Co., who then sold them to RMC"
  2. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"
  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. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
  5. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 14 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
  6. Lyons v. Am. Coll. of Veterinary Sports Med.

    859 F.3d 1023 (Fed. Cir. 2017)   Cited 7 times   1 Legal Analyses
    Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce
  7. Firsthealth v. Carefirst

    479 F.3d 825 (Fed. Cir. 2007)   Cited 9 times   1 Legal Analyses
    Finding no excusable neglect where the second and third factors weighed against such a finding
  8. Wrist-Rocket Mfg. Co. v. Saunders Archery Co.

    516 F.2d 846 (8th Cir. 1975)   Cited 48 times
    Holding that an order deciding liability but leaving damages for later determination was not final
  9. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes
  10. Wrist-Rocket Manufacturing Co., Inc. v. Saunders

    379 F. Supp. 902 (D. Neb. 1974)   Cited 19 times
    Finding applicant did not commit fraud because he did not believe other user had senior right to use mark
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 359,902 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,377 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. 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
  14. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,016 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark
  15. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 147 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"
  16. 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"
  17. Section 2.71 - Amendments to correct informalities

    37 C.F.R. § 2.71   Cited 12 times   3 Legal Analyses

    The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b) (1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified