§

Navy Exchange Service Command

No. 77324266 (T.T.A.B. Sep. 29, 2012)
Navy Exchange Service Command

12 Cited authorities

  1. Inwood Laboratories v. Ives Laboratories

    456 U.S. 844 (1982)   Cited 1,290 times   25 Legal Analyses
    Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

  2. Traffix Devices, Inc. v. Marketing Displays, Inc.

    532 U.S. 23 (2001)   Cited 599 times   28 Legal Analyses
    Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff

  3. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 573 times   51 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  4. In re Morton-Norwich Products, Inc.

    671 F.2d 1332 (C.C.P.A. 1982)   Cited 109 times   2 Legal Analyses
    Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection

  5. Valu Engineering, Inc. v. Rexnord Corp.

    278 F.3d 1268 (Fed. Cir. 2002)   Cited 59 times   4 Legal Analyses
    Holding that a consideration in determining whether a particular product feature is functional is the existence of "advertising materials in which the originator of the design touts the design's utilitarian advantages"

  6. Textron, Inc. v. U.S. Intern. Trade Com'n

    753 F.2d 1019 (Fed. Cir. 1985)   Cited 42 times
    Holding that the "overall design" of the product was functional, but proceeding to examine whether the two arguably non-functional features had acquired secondary meaning

  7. In re Bose Corp.

    772 F.2d 866 (Fed. Cir. 1985)   Cited 31 times   2 Legal Analyses
    Holding pentagonal shape of loudspeaker functional where applicant's promotional materials lauded shape as functional part of sound system

  8. 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.

  9. In re R.M. Smith, Inc.

    734 F.2d 1482 (Fed. Cir. 1984)   Cited 15 times   2 Legal Analyses
    Holding that existence of design patent "may be some evidence of non-functionality"

  10. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,882 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,599 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"

  12. Section 1152 - Clearinghouse for technical information; removal of security classification

    15 U.S.C. § 1152   Cited 3 times   1 Legal Analyses

    The Secretary of Commerce (hereinafter referred to as the "Secretary") is directed to establish and maintain within the Department of Commerce a clearinghouse for the collection and dissemination of scientific, technical, and engineering information, and to this end to take such steps as he may deem necessary and desirable- (a) To search for, collect, classify, coordinate, integrate, record, and catalog such information from whatever sources, foreign and domestic, that may be available; (b) To make