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Rain Bird Corporation

9 Cited authorities

  1. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 573 times   51 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  2. Centaur Communications, Ltd. v. A/S/M Communications, Inc.

    830 F.2d 1217 (2d Cir. 1987)   Cited 347 times
    Holding that "the relatively small size of the defined market," i.e., executives in the international marketing and advertising community in the United States, as well as the "interconnections developing between [plaintiff's and defendant's target markets], indicate that [plaintiff's eight-year exclusive] use of the mark is more significant in this context than it otherwise would have been."

  3. In re Owens-Corning Fiberglas Corp.

    774 F.2d 1116 (Fed. Cir. 1985)   Cited 61 times   4 Legal Analyses
    Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

  4. In re Becton, Dickinson & Co.

    675 F.3d 1368 (Fed. Cir. 2012)   Cited 17 times   1 Legal Analyses

    No. 2011–1111. 2012-04-12 In re BECTON, DICKINSON AND COMPANY. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With her on the brief was Raymond T. Chen, Solicitor. Of counsel was Amy Nelson. CLEVENGER 4,741,446, 4,991,104, 6,602,206. Cited. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant

  5. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  6. 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

  7. Pic Design Corp. v. Bearings Specialty Co.

    436 F.2d 804 (1st Cir. 1971)   Cited 19 times

    No. 7722. January 12, 1971. Ansel B. Chaplin and Peter M. Saparoff, Boston, Mass., with whom Gaston, Snow, Motley Holt, Boston, Mass., were on the brief, for appellant. Harold James, with whom James Franklin, New York City, James H. Grover, and Roberts, Cushman Grover, Boston, Mass., were on the brief, for appellee. Before ALDRICH, Chief Judge and McENTEE and COFFIN, Circuit Judges. McENTEE, Circuit Judge. Plaintiff, a New York corporation, sued defendant, a Massachusetts corporation, under the common

  8. McCormick Company v. Summers

    354 F.2d 668 (C.C.P.A. 1966)   Cited 9 times
    In McCormick this court said "registrability of a mark must be determined on the basis of facts as they exist at the time when the issue of registrability is under consideration" and it appears to us consistent with McCormick and DeWalt as well as sound in principle to decide in the present appeal that the time when the issue of registrability is under consideration extends at least to the time the application is acted on in the Patent Office.

  9. Section 2.61 - Action by examiner

    37 C.F.R. § 2.61   Cited 6 times   3 Legal Analyses

    (a) Applications for registration, including amendments to allege use under section 1(c) of the Act, and statements of use under section 1(d) of the Act, will be examined and, if the applicant is found not entitled to registration for any reason, applicant will be notified and advised of the reasons therefor and of any formal requirements or objections. (b) The Office may require the applicant to furnish such information, exhibits, affidavits or declarations, and such additional specimens as may