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Nicholas D. Scoyni, a Sole Proprietorship

No. 87197276 (T.T.A.B. Sep. 1, 2017)
Nicholas D. Scoyni, a Sole Proprietorship

12 Cited authorities

  1. Permanent v. Lasting

    543 U.S. 111 (2004)   Cited 328 times   5 Legal Analyses
    Holding defense available even where likelihood of confusion established

  2. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  3. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  4. Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.

    695 F.3d 1247 (Fed. Cir. 2012)   Cited 23 times   4 Legal Analyses
    Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

  5. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

  6. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  7. In re Stereotaxis, Inc.

    429 F.3d 1039 (Fed. Cir. 2005)   Cited 7 times
    Affirming TTAB's finding that STEREOTAXIS was descriptive of certain magnetic medical devices and services because it described their functions and purposes—performing the “stereotaxis” brain surgery technique

  8. In re Finisar

    223 F. App'x 984 (Fed. Cir. 2007)

    No. 2006-1463. May 3, 2007. On Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, 76/300,876. Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge. Judgment PER CURIAM. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.

  9. Application of Colonial Stores Incorporated

    394 F.2d 549 (C.C.P.A. 1968)   Cited 22 times
    Holding that “SUGAR & SPICE” for baked goods was “more than a mere description of the ingredients of the goods” because it evokes associations with the rhyme “everything nice”

  10. Clairol, Inc. v. Roux Distributing Co.

    280 F.2d 863 (C.C.P.A. 1960)   Cited 7 times

    Patent Appeal No. 6498. July 13, 1960. David J. Moscovitz, Harold H. Levin, New York City, Marvin E. Frankel, New York City (Marvin E. Frankel, New York City, of counsel), for appellant. Munn, Liddy, Daniels March, Joe E. Daniels, New York City (Sylvester J. Liddy, New York City, of counsel), for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate

  11. 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"

  12. Section 2.126 - Form of submissions to the Trademark Trial and Appeal Board

    37 C.F.R. § 2.126   Cited 1 times

    (a) Submissions must be made to the Trademark Trial and Appeal Board via ESTTA. (1) Text in an electronic submission must be filed in at least 11-point type and double-spaced. (2) Exhibits pertaining to an electronic submission must be made electronically as an attachment to the submission and must be clear and legible. (b) In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, submissions may be filed in paper form. All submissions in paper