§

Paul Reubens v. Uneeda Doll Company, Ltd.

92070091 (T.T.A.B. Nov. 5, 2021)
Paul Reubens v. Uneeda Doll Company, Ltd.

20 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,059 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 88 times   5 Legal Analyses
    Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

  3. Cold War Museum v. Cold War Air Museum

    586 F.3d 1352 (Fed. Cir. 2009)   Cited 28 times
    Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing

  4. Stetson v. Howard D. Wolf Associates

    955 F.2d 847 (2d Cir. 1992)   Cited 53 times
    Deciding case despite trial court's application of erroneous legal standard where facts adequately supported result

  5. Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.

    685 F.3d 1046 (Fed. Cir. 2012)   Cited 19 times
    Declining to "infer from Nestle's failure to provide survey evidence that such evidence would be harmful"

  6. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  7. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 10 times   1 Legal Analyses
    Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

  8. 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"

  9. Brunswick Corp. v. British Seagull LTD

    35 F.3d 1527 (Fed. Cir. 1994)   Cited 28 times
    Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines

  10. Rivard v. Linville

    133 F.3d 1446 (Fed. Cir. 1998)   Cited 23 times   2 Legal Analyses
    Finding evidence must be more than a mere denial of an intent to abandon

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,967 times   692 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 48,374 times   336 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 4,042 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  14. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,033 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  15. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,051 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  16. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 923 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  17. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 148 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"