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Otter Products LLC v. BaseOneLabs LLC

No. 91200510 (T.T.A.B. Dec. 18, 2012)
Otter Products LLC v. BaseOneLabs LLC

12 Cited authorities

  1. Erbe Elektromedizin GmbH & ERBE USA v. Canady Technology LLC

    629 F.3d 1278 (Fed. Cir. 2010)   Cited 64 times   1 Legal Analyses
    Holding that the color blue for endoscopic probes was functional because its contrast with human tissue made the probe more visible through an endoscopic camera

  2. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 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"

  3. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  4. 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.”

  5. Clairol Incorporated v. Gillette Company

    389 F.2d 264 (2d Cir. 1968)   Cited 90 times
    In Clairol Inc. v. Gillete Co., 389 F.2d 264 (2d Cir. 1968), the plaintiff sued to protect its trademark of the phrase "Innocent Beige."

  6. In re Bush Bros. Co.

    884 F.2d 569 (Fed. Cir. 1989)   Cited 16 times   1 Legal Analyses

    No. 89-1071. September 1, 1989. Edward G. Fenwick, Mason, Fenwick Lawrence, Washington, D.C., submitted for appellant. With him on the brief was Brian D. Anderson. Albin F. Drost, Associate Sol., Office of the Sol., of Arlington, Va., submitted for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the U.S. Patent and Trademark Office Trademark Trial Appeal Board. Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and BISSELL, Circuit Judge. PAULINE NEWMAN, Circuit Judge

  7. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  8. Towers v. Advent Software, Inc.

    913 F.2d 942 (Fed. Cir. 1990)   Cited 6 times   1 Legal Analyses

    No. 90-1097. September 6, 1990. Helen Hill Minsker, of Beveridge, DeGrandi Weilacher, Washington, D.C., argued for appellant. With her on the brief was John T. Roberts. James L. Warren, of Pillsbury, Madison Sutro, San Francisco, Cal., argued for appellee. With him on the brief were Kevin M. Fong and Marina H. Park. Appeal from the Trademark Trial and Appeal Board of Patent and Trademark Office. Before MARKEY, Circuit Judge, BENNETT, Senior Circuit Judge, and CONTI, Senior District Judge. Circuit

  9. Application of Clorox Co.

    578 F.2d 305 (C.C.P.A. 1978)   Cited 7 times   1 Legal Analyses

    Appeal No. 77-628. June 30, 1978. Stephen M. Westbrook, San Francisco, Cal. (Phillips, Moore, Weissenberger, Lempio Majestic, San Francisco, Cal.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. Appeal from a Trademark Trial and Appeal Board (board)

  10. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)