O.T.H. Enterprises, Inc. v. d/b/a Frontera Music v. Federico Estevan Vasquez

24 Cited authorities

College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
527 U.S. 666 (1999) Cited 1,732 times 13 Legal Analyses
Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"
In re Bose Corp.
580 F.3d 1240 (Fed. Cir. 2009) Cited 175 times 13 Legal Analyses
Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO
Robi v. Reed
173 F.3d 736 (9th Cir. 1999) Cited 161 times 1 Legal Analyses
Holding that departed members of The Platters had no rights to the group's name because the original manager continued to use the name and manage the remaining Platters members
Brother Records, Inc. v. Jardine
318 F.3d 900 (9th Cir. 2003) Cited 84 times
Affirming permanent injunction prohibiting former band member from using "The Beach Boys," "The Beach Boys Family and Friends," and other similar combinations
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
On-Line Careline, Inc. v. America Online
229 F.3d 1080 (Fed. Cir. 2000) Cited 77 times
Applying Recot in analyzing the similarity of services
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 76 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"
Herbko Intern., Inc. v. Kappa Books, Inc.
308 F.3d 1156 (Fed. Cir. 2002) Cited 47 times
Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)
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.”
Person's Co., Ltd. v. Christman
900 F.2d 1565 (Fed. Cir. 1990) Cited 51 times 1 Legal Analyses
Holding that foreign use is not sufficient to establish priority rights even over a United States competitor who took mark in bad faith
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,038 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,053 times 5 Legal Analyses
Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 929 times 51 Legal Analyses
Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
Section 1058 - Duration, affidavits and fees
15 U.S.C. § 1058 Cited 243 times 25 Legal Analyses
Providing a ten-year duration for registered marks
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 24 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

O.T.H. Enterprises, Inc. v. d/b/a Frontera Music v. Federico Estevan Vasquez

24 Cited authorities

Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

Holding that departed members of The Platters had no rights to the group's name because the original manager continued to use the name and manage the remaining Platters members

Affirming permanent injunction prohibiting former band member from using "The Beach Boys," "The Beach Boys Family and Friends," and other similar combinations

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Applying Recot in analyzing the similarity of services

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"

Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that foreign use is not sufficient to establish priority rights even over a United States competitor who took mark in bad faith

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Providing a ten-year duration for registered marks

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"