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Pleasant Co. v. Barry Epstein

No. 92027548 (T.T.A.B. Sep. 29, 2000)
Pleasant Co. v. Barry Epstein

10 Cited authorities

  1. Defiance Button Mach. v. C C Metal Products

    759 F.2d 1053 (2d Cir. 1985)   Cited 143 times   1 Legal Analyses
    Holding that plaintiff's customer lists lost their character as trade secrets because the company failed, upon selling most of its tangible assets, to take adequate measures to ensure the secrecy of the lists

  2. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 86 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. 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

  4. 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

  5. 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

  6. 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"

  7. Sterling Brewers, Inc. v. Schenley Indust

    441 F.2d 675 (C.C.P.A. 1971)   Cited 28 times
    Finding no problem with assigning beer mark to one business entity and brewery assets to another

  8. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,323 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  9. Rule 32 - Using Depositions in Court Proceedings

    Fed. R. Civ. P. 32   Cited 2,364 times   20 Legal Analyses
    Setting forth requirements for using deposition testimony at trial

  10. Section 2.125 - Filing and service of testimony

    37 C.F.R. § 2.125   Cited 1 times

    (a) One copy of the declaration or affidavit prepared in accordance with § 2.123 , together with copies of documentary exhibits and duplicates or photographs of physical exhibits, shall be served on each adverse party at the time the declaration or affidavit is submitted to the Trademark Trial and Appeal Board during the assigned testimony period. (b) One copy of the transcript of each testimony deposition taken in accordance with § 2.123 or § 2.124 , together with copies of documentary exhibits