Mattel, Inc. v. The Crash Dummy Movie, LLC

16 Cited authorities

Sands, Taylor Wood Co. v. Quaker Oats Co.
978 F.2d 947 (7th Cir. 1992) Cited 290 times 3 Legal Analyses
Holding that the defendant's use of the plaintiff's mark to market a similar isotonic beverage was likely to cause confusion
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 193 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Silverman v. Cbs Inc.
870 F.2d 40 (2d Cir. 1989) Cited 107 times 1 Legal Analyses
Holding that where some radio scripts from a radio show had entered the public domain and others were protected by copyright, plaintiff was entitled to use the public domain material without a license
Imperial Tobacco v. Philip Morris, Inc.
899 F.2d 1575 (Fed. Cir. 1990) Cited 88 times 5 Legal Analyses
Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 41 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
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.”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Hydro-Dynamics, Inc., v. George Putnam Co.
811 F.2d 1470 (Fed. Cir. 1987) Cited 42 times
Recognizing that single bona fide shipment in commerce may support registration
Jewelers Vigilance Comm. v. Ullenberg Corp.
823 F.2d 490 (Fed. Cir. 1987) Cited 24 times
Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”
Otto Roth Co. v. Universal Foods Corp.
640 F.2d 1317 (C.C.P.A. 1981) Cited 20 times
Recognizing importance of "free use of the language" in commercial speech context
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,921 times 127 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,048 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 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"

Mattel, Inc. v. The Crash Dummy Movie, LLC

16 Cited authorities

Holding that the defendant's use of the plaintiff's mark to market a similar isotonic beverage was likely to cause confusion

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Holding that where some radio scripts from a radio show had entered the public domain and others were protected by copyright, plaintiff was entitled to use the public domain material without a license

Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Recognizing that single bona fide shipment in commerce may support registration

Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”

Recognizing importance of "free use of the language" in commercial speech context

Requiring a filing of a Statement of Use to register a mark

Granting standing under § 1114 to the legal representative of the registrant of a trademark

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"