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Rolex Watch U.S.A., Inc. v. AFP Imaging Corporation

No. 91188993 (T.T.A.B. Jul. 17, 2013)
Rolex Watch U.S.A., Inc. v. AFP Imaging Corporation

5 Cited authorities

  1. U.S. Bancorp Mortg. Co. v. Bonner Mall

    513 U.S. 18 (1994)   Cited 985 times   13 Legal Analyses
    Holding that the appealing party had "surrender[ed] his claim to the equitable remedy of vacatur" by settling the case and thus "voluntarily forfeit[ing] his legal remedy by the ordinary processes of appeal"

  2. Tessera, Inc. v. International Trade Com'n

    646 F.3d 1357 (Fed. Cir. 2011)   Cited 37 times   3 Legal Analyses
    Holding that patent exhaustion applied even though the seller failed to pay promised royalties to the patentee

  3. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,375 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  4. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  5. Section 2.135 - Abandonment of application or mark

    37 C.F.R. § 2.135

    After the commencement of an opposition, concurrent use, or interference proceeding, if the applicant files a written abandonment of the application or of the mark without the written consent of every adverse party to the proceeding, judgment shall be entered against the applicant. The written consent of an adverse party may be signed by the adverse party or by the adverse party's attorney or other authorized representative. 37 C.F.R. §2.135 54 FR 34900, Aug. 22, 1989 Part 3 pertaining to both patents