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Sausser Summers, PC

88626569 (T.T.A.B. Jun. 8, 2021)
Sausser Summers, PC

8 Cited authorities

  1. Patent and Trademark Office v. Booking.com B. V.

    140 S. Ct. 2298 (2020)   Cited 63 times   8 Legal Analyses
    Holding that whether a term is generic "depends on whether consumers in fact perceive that term as the name of a class or, instead, as a term capable of distinguishing among members of the class"

  2. Converse, Inc. v. Int'l Trade Comm'n

    907 F.3d 1361 (Fed. Cir. 2018)   Cited 39 times   3 Legal Analyses
    Holding party must prove design acquired secondary meaning before first infringement

  3. Royal Crown Co. v. Coca-Cola Co.

    892 F.3d 1358 (Fed. Cir. 2018)   Cited 21 times   2 Legal Analyses
    Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness

  4. In re La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 15 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

  5. 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

  6. 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

  7. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,910 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  8. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,607 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"