Lipton Industries, Inc. v. Ralston Purina

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

Yamaha Intern. Corp. v. Hoshino Gakki Co.

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

Midwest Plastic v. Underwriters Laboratories

In Midwest Plastic Fabricators, Inc. v. Underwriters Labs. Inc., 906 F.2d 1568, 1571 (Fed. Cir. 1990), the Federal Circuit—on an appeal discussing a different subsection than the one FCA asserts here—explained that "if a certification mark's owner also allowed the mark to be used as a trademark, there would be a basis for cancellation of the registration."

Sanyo Watch Co., Inc. v. Sanyo Elec. Co.

Holding that the opposer in a proceeding to test likelihood of confusion "bears the burden of proof which encompasses not only the ultimate burden of persuasion, but also the obligation of going forward with sufficient proof of the material allegations of the Notice of Opposition"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 15 - Amended and Supplemental Pleadings

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

Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

Holding that such a statement must merely be made by the party and offered against that party

Section 1051 - Application for registration; verification

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

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 1064 - Cancellation of registration

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Section 1091 - Supplemental register

Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

Section 2.122 - Matters in evidence

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"

Section 2.193 - Trademark correspondence and signature requirements