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Masimo Corporation

No. 85041477 (T.T.A.B. Sep. 30, 2013)
Masimo Corporation

12 Cited authorities

  1. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 40 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  2. In re Shell Oil Co.

    992 F.2d 1204 (Fed. Cir. 1993)   Cited 35 times   2 Legal Analyses
    Finding a correlation based on evidence of “overlap of consumers”

  3. Application of Abcor Development Corp.

    588 F.2d 811 (C.C.P.A. 1978)   Cited 36 times   2 Legal Analyses
    In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

  4. 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.

  5. In re Gyulay

    820 F.2d 1216 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses
    Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

  6. Dena Corp. v. Belvedere International, Inc.

    950 F.2d 1555 (Fed. Cir. 1991)   Cited 9 times   1 Legal Analyses

    No. 91-1156. December 4, 1991. John M. Curtin, Leydig, Voit Mayer, of Chicago, Ill., argued and James B. Muskal and Amy N. Cohen, Leydig, Voit Mayer, Chicago, Ill., were on the brief, for appellant. Donald L. Dennison, Dennison, Meserole, Pollack Scheiner, of Arlington, Va., argued, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MICHEL, PLAGER and RADER, Circuit Judges. RADER, Circuit Judge. In Opposition No. 81,365, Dena Corporation, opposer, appeals the Trademark Trial and

  7. Quaker St. Oil Ref. Corp. v. Quaker Oil

    453 F.2d 1296 (C.C.P.A. 1972)   Cited 8 times
    Deciding the "right to registration" of the trademark "SUPER BLEND" based on the "factual situation" of concurrent use "as of the time when registration is sought"

  8. In re Richardson Ink Co.

    511 F.2d 559 (C.C.P.A. 1975)   Cited 5 times   1 Legal Analyses

    Patent Appeal Nos. 74-609, 74-610. March 6, 1975. Alan M. Abrams, Robert E. Sloat, Des Plaines, Ill., attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and ALMOND, Senior Judge. LANE, Judge. DECISION These appeals are from the decisions of the Trademark Trial and Appeal Board, 181 USPQ 845

  9. In re American Society of Clinical Pathologists, Inc.

    442 F.2d 1404 (C.C.P.A. 1971)   Cited 7 times
    In American Society of Clinical Pathologists, a majority of the Court of Customs and Patent Appeals held that the mark REGISTRY OF MEDICAL TECHNOLOGISTS was merely descriptive as applied to its services, which included examining and certifying medical technologists.

  10. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,231 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

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

    15 U.S.C. § 1052   Cited 1,595 times   273 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"

  12. Section 1506 - Additional Assistant Secretary; appointment; applicability of section 1505

    15 U.S.C. § 1506

    There shall be on and after July 2, 1954 in the Department of Commerce, in addition to the Assistant Secretaries now provided for by law, one additional Assistant Secretary of Commerce, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall be subject in all respects to the provisions of section 1505 of this title, relating to Assistant Secretaries of Commerce. 15 U.S.C. § 1506 July 2, 1954, ch. 456, title III, §304, 68 Stat. 430. EDITORIAL NOTES CODIFICATIONSection