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Rodney Green v. Tensar International Corporation

92068730 (T.T.A.B. May. 25, 2021)
Rodney Green v. Tensar International Corporation

39 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,117 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 964 times   9 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  3. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 581 times   52 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  4. Star Industries, Inc. v. Bacardi & Co.

    412 F.3d 373 (2d Cir. 2005)   Cited 370 times   1 Legal Analyses
    Holding that the similarity of products factor is not to be analyzed in isolation, but instead includes a consideration of "the context in which" the trademark is found

  5. Pizzeria Uno Corp. v. Temple

    747 F.2d 1522 (4th Cir. 1984)   Cited 304 times   5 Legal Analyses
    Holding that, because PIZZERIA UNO and TACO UNO share a dominant word, their similarity weighs in favor of a likelihood of confusion

  6. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  7. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  8. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 78 times
    Applying Recot in analyzing the similarity of services

  9. Nikon Inc. v. Ikon Corp.

    987 F.2d 91 (2d Cir. 1993)   Cited 92 times
    Holding that New York statute reaches “competitors as well as noncompetitors”

  10. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 89 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  11. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 17,184 times   139 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,161 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 934 times   52 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  14. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"