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Rocin Laboratories, Inc. v. Surgijet, Inc.

No. 91106653 (T.T.A.B. Aug. 24, 1999)
Rocin Laboratories, Inc. v. Surgijet, Inc.

7 Cited authorities

  1. 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

  2. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

  3. Kellogg Co. v. Pack'em Enterprises, Inc.

    951 F.2d 330 (Fed. Cir. 1991)   Cited 14 times
    Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

  4. Scotch Whisky Ass'n v. U.S. Distilled Prod

    952 F.2d 1317 (Fed. Cir. 1991)   Cited 3 times   1 Legal Analyses

    No. 91-1268. Cancellation No. 17,568. December 18, 1991. Charles R. Mandly, Jr., Pattishall, McAuliffe, Newbury, Hilliard Geraldson, of Chicago, Ill., argued for petitioner-appellant. With him on the brief were Beverly W. Pattishall and M. Blair Tenney. Lewis R. Shafer, Buchman O'Brien, of New York City, submitted for respondent-appellee. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before RICH, ARCHER and CLEVENGER, Circuit Judges. RICH, Circuit Judge

  5. Gay Toys, Inc. v. McDonald's Corp.

    585 F.2d 1067 (C.C.P.A. 1978)   Cited 6 times
    Holding that a trademark application was void because the applicant's goods were not in existence at the time the application was filed and, therefore, the applicant had not used the mark in commerce in association with the goods

  6. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,081 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  7. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,018 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity