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Mrs. Jean T. Nicholson Ms. Virginia T. Toogood et al. v. Gott Brothers Development, LLC

No. 91171444 (T.T.A.B. May. 21, 2008)
Mrs. Jean T. Nicholson Ms. Virginia T. Toogood et al. v. Gott Brothers Development, LLC

12 Cited authorities

  1. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  2. 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

  3. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 83 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  4. Dial-A-Mattress v. Mattress Madness

    841 F. Supp. 1339 (E.D.N.Y. 1994)   Cited 73 times
    Holding that the assignment of the trade name "Dial-A-Mattress" to a corporation already using that name was not invalid as an assignment in gross; assignee had already built up substantial goodwill in the name before the assignment and the assignor had no other assets except its intellectual property at the time of the assignment

  5. Stetson v. Howard D. Wolf Associates

    955 F.2d 847 (2d Cir. 1992)   Cited 53 times
    Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result

  6. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  7. 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"

  8. Rivard v. Linville

    133 F.3d 1446 (Fed. Cir. 1998)   Cited 23 times   2 Legal Analyses
    Finding evidence must be more than a mere denial of an intent to abandon

  9. General Cigar Co., Inc. v. G.D.M. Inc.

    988 F. Supp. 647 (S.D.N.Y. 1997)   Cited 21 times
    Holding that a third party's possibly superior rights cannot be a defense

  10. 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 363,729 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,434 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 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 926 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services