Rock Intention N.V.

11 Cited authorities

Qualitex Co. v. Jacobson Products Co.
514 U.S. 159 (1995) Cited 576 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"
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 40 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
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
In re Steelbuilding.com
415 F.3d 1293 (Fed. Cir. 2005) Cited 26 times 2 Legal Analyses
Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning
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
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal Analyses
In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal Analyses
Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
In re Bongrain Intern
894 F.2d 1316 (Fed. Cir. 1990) Cited 10 times 1 Legal Analyses
Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"
Application of Hollywood Brands
214 F.2d 139 (C.C.P.A. 1954) Cited 11 times
Finding secondary meaning based upon $1,153,000 in general advertising over six years with about one-third directed to the alleged trademark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,609 times 274 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 1141f - Effect of filing a request for extension of protection of an international registration to the United States
15 U.S.C. § 1141f Cited 8 times 3 Legal Analyses
Requiring a declaration of "bona fide intention to use the mark in commerce"

Rock Intention N.V.

11 Cited authorities

Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

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

Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"

Finding secondary meaning based upon $1,153,000 in general advertising over six years with about one-third directed to the alleged trademark

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"

Requiring a declaration of "bona fide intention to use the mark in commerce"