Pure Mix, LLC v. Green Living LLC

15 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 104 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 70 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"
Enzo Biochem, Inc. v. Gen-Probe Inc.
424 F.3d 1276 (Fed. Cir. 2005) Cited 58 times 1 Legal Analyses
Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment
Gemtron Corp. v. Saint-Gobain Corp.
572 F.3d 1371 (Fed. Cir. 2009) Cited 42 times 1 Legal Analyses
Holding that “unsworn attorney argument ... is not evidence”
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.”
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
Cai v. Diamond Hong, Inc.
901 F.3d 1367 (Fed. Cir. 2018) Cited 9 times
2018-1688 08-27-2018 ZHENG CAI, DBA Tai Chi Green Tea Inc., Appellant v. DIAMOND HONG, INC., Appellee Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Wallach, Circuit Judge. Zheng Cai, Vernon Hills, IL, pro se. Jonathan E. Moskin, Foley & Lardner LLP, New York, NY, for appellee. Also represented by Diane Grace Elder, Chicago, IL. Before Prost, Chief Judge, Wallach and Hughes, Circuit Judges
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 12 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 55 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Laitram Corp. v. Cambridge Wire Cloth Co.
919 F.2d 1579 (Fed. Cir. 1990) Cited 20 times
Criticizing the parties' "reliance on attorney argument and counsel's unsworn fact statements as 'evidence'"
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,778 times 123 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,575 times 259 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"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 22 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"

Pure Mix, LLC v. Green Living LLC

15 Cited authorities

Holding that it is the opposer's burden to prove fame of its mark

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"

Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

Holding that “unsworn attorney argument ... is not evidence”

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

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

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Criticizing the parties' "reliance on attorney argument and counsel's unsworn fact statements as 'evidence'"

Requiring a filing of a Statement of Use to register a mark

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"

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"