No-belle.com, LLC v. Qwest Communications Int'l., Inc.

15 Cited authorities

United States v. Western Elec. Co., Inc.
569 F. Supp. 1057 (D.D.C. 1983) Cited 67 times
Explaining that a proposed intraLATA dialing parity rule to be included in the consent decree "would inappropriately override state regulators' authority to decide what intrastate calling arrangements are best suited to the public interest within their states."
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"
In re Northland Aluminum Products, Inc.
777 F.2d 1556 (Fed. Cir. 1985) Cited 49 times
Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 47 times 8 Legal Analyses
Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
Magic Wand, Inc. v. RDB, Inc.
940 F.2d 638 (Fed. Cir. 1991) Cited 33 times 1 Legal Analyses
Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"
Bellsouth Corp. v. Datanational Corp.
60 F.3d 1565 (Fed. Cir. 1995) Cited 26 times
Finding summary judgment appropriate where all evidence was "uncontested"
Wallpaper Mfrs. v. Crown Wallcovering Corp.
680 F.2d 755 (C.C.P.A. 1982) Cited 33 times
Explaining "even where there is reverse confusion ... another source with superior de jure rights may prevail regardless of what source or sources the public identifies with the mark"
Holiday Inn v. Holiday Inns, Inc.
534 F.2d 312 (C.C.P.A. 1976) Cited 25 times
Holding that the USPTO had properly limited a national chain's marks to a particular geographic area on the basis of a district court's judgment to that effect
Remington Products v. North Am. Philips Corp.
892 F.2d 1576 (Fed. Cir. 1990) Cited 10 times
Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined
De Walt, Inc. v. Magna Power Tool Corp.
289 F.2d 656 (C.C.P.A. 1961) Cited 25 times
In DeWalt, Inc. v. Magna Power Tool Corp., 289 F.2d 656, 48 CCPA 909, at CCPA p. 918, we pointed out that "damage" will be presumed or inferred when the mark sought to be registered is descriptive of the goods of the opposer and the opposer is one who has an interest in using the descriptive term in its business, collecting a number of cases supporting the point.
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 367,635 times 969 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,587 times 342 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,616 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"
Section 2.116 - Federal Rules of Civil Procedure
37 C.F.R. § 2.116 Cited 50 times
Making the federal rules of civil procedure generally applicable in TTAB proceedings

No-belle.com, LLC v. Qwest Communications Int'l., Inc.

15 Cited authorities

Explaining that a proposed intraLATA dialing parity rule to be included in the consent decree "would inappropriately override state regulators' authority to decide what intrastate calling arrangements are best suited to the public interest within their states."

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

Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"

Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

Finding summary judgment appropriate where all evidence was "uncontested"

Explaining "even where there is reverse confusion ... another source with superior de jure rights may prevail regardless of what source or sources the public identifies with the mark"

Holding that the USPTO had properly limited a national chain's marks to a particular geographic area on the basis of a district court's judgment to that effect

Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined

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

Requiring that fraud be pleaded with particularity

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"

Making the federal rules of civil procedure generally applicable in TTAB proceedings