RTX Scientific, Incorporated v. Nu-Calgon Wholesaler, Inc.

15 Cited authorities

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 799 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
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"
Erbe Elektromedizin GmbH & ERBE USA v. Canady Technology LLC
629 F.3d 1278 (Fed. Cir. 2010) Cited 64 times 1 Legal Analyses
Holding that the color blue for endoscopic probes was functional because its contrast with human tissue made the probe more visible through an endoscopic camera
In re Pacer Technology
338 F.3d 1348 (Fed. Cir. 2003) Cited 48 times 1 Legal Analyses
No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA
L.D. Kichler Co. v. Davoil, Inc.
192 F.3d 1349 (Fed. Cir. 1999) Cited 52 times
Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive
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 Owens-Corning Fiberglas Corp.
774 F.2d 1116 (Fed. Cir. 1985) Cited 61 times 4 Legal Analyses
Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."
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
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
In re Boston Beer Co. Ltd. Partnership
198 F.3d 1370 (Fed. Cir. 1999) Cited 14 times 1 Legal Analyses
Holding that the claim "The Best Beer in America" amounted to mere puffery
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 13,109 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,991 times 28 Legal Analyses
Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,610 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"

RTX Scientific, Incorporated v. Nu-Calgon Wholesaler, Inc.

15 Cited authorities

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

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

Holding that the color blue for endoscopic probes was functional because its contrast with human tissue made the probe more visible through an endoscopic camera

Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive

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

Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."

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

Holding that the claim "The Best Beer in America" amounted to mere puffery

Recognizing exception to rule against hearsay for records of regularly conducted activities

Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)

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"