Nortech Investments Ltd.

15 Cited authorities

H-D Michigan v. Top Quality Serv
496 F.3d 755 (7th Cir. 2007) Cited 83 times
Holding that the word "hog" is not generic as applied to a motorcyclist club
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 57 times 4 Legal Analyses
Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
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
In re Hotels.com
573 F.3d 1300 (Fed. Cir. 2009) Cited 22 times 4 Legal Analyses
Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey
In re Steelbuilding.com
415 F.3d 1293 (Fed. Cir. 2005) Cited 26 times 2 Legal Analyses
Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning
In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 times
Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal Analyses
Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
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"
Magic Wand, Inc. v. RDB, Inc.
940 F.2d 638 (Fed. Cir. 1991) Cited 32 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"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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"

Nortech Investments Ltd.

15 Cited authorities

Holding that the word "hog" is not generic as applied to a motorcyclist club

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey

Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

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"

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

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"