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Mt. Eden Organics, Inc. v. Native Nutrients

No. 91208923 (T.T.A.B. Jun. 5, 2015)
Mt. Eden Organics, Inc. v. Native Nutrients

14 Cited authorities

  1. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 72 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  2. Aycock Eng. v. Airflite

    560 F.3d 1350 (Fed. Cir. 2009)   Cited 43 times   2 Legal Analyses
    Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

  3. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  4. 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.”

  5. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  6. Couture v. Playdom, Inc.

    778 F.3d 1379 (Fed. Cir. 2015)   Cited 12 times   7 Legal Analyses
    Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."

  7. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

  8. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 41 times
    Recognizing that single bona fide shipment in commerce may support registration

  9. Creative Arts by Calloway, LLC v. Brooks

    09-CV-10488 (CS) (S.D.N.Y. Dec. 27, 2012)   Cited 4 times

    09-CV-10488 (CS) 12-27-2012 CREATIVE ARTS BY CALLOWAY, LLC, Plaintiff, v. CHRISTOPHER BROOKS, D/B/A THE CAB CALLOWAY ORCHESTRA, Defendant. Marc A. Karlin Karlin & Karlin, APLC Los Angeles, California Ivan A. Saperstein Saperstein & Crowell, LLP New Rochelle, New York Counsel for Plaintiff Christopher W. Brooks Fleetwood, New York Pro Se Defendant CATHY SEIBEL OPINION AND ORDER Appearances: Marc A. Karlin Karlin & Karlin, APLC Los Angeles, California Ivan A. Saperstein Saperstein & Crowell, LLP New

  10. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,727 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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"