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Maktab Tarighe Oveyssi Shah Maghsoudi v. International Association of Sufism

No. 92023044 (T.T.A.B. Jun. 3, 1999)
Maktab Tarighe Oveyssi Shah Maghsoudi v. International Association of Sufism

13 Cited authorities

  1. Reese Pub. Co. v. Hampton Intern. Communications

    620 F.2d 7 (2d Cir. 1980)   Cited 94 times
    Holding that "Video Buyer's Guide" is generic

  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. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  4. 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"

  5. 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

  6. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  7. Loglan Institute v. Logical Language Group

    962 F.2d 1038 (Fed. Cir. 1992)   Cited 9 times
    Holding that it is "well settled" that a TTAB decision "must be accepted as controlling upon a finding of fact . . . unless the contrary is established by testimony which in character and amount carries thorough conviction"

  8. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses
    Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"

  9. Levi Strauss Co. v. Genesco, Inc.

    742 F.2d 1401 (Fed. Cir. 1984)   Cited 13 times
    In Levi Strauss Co. v. Genesco, Inc., 742 F.2d 1401, 222 U.S.P.Q. 939 (Fed. Cir. 1984), we affirmed the Trademark Trial and Appeal Board's refusal to register a mark for a shoe tab. Noting the significant prior use of such tabs by other companies, we held that "Levi's use of a tab on shoes has been neither first nor exclusive," thus, it failed to show that its mark was distinctive.

  10. Application of Hollywood Brands

    214 F.2d 139 (C.C.P.A. 1954)   Cited 11 times
    Finding secondary meaning based upon $1,153,000 in general advertising over six years with about one-third directed to the alleged trademark

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,339 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

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,599 times   274 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"

  13. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 917 times   50 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services