Daubert v. Merrell Dow Pharmaceuticals, Inc.

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Kumho Tire Co. v. Carmichael

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Abercrombie Fitch Co. v. Hunting World, Inc.

Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

In re E. I. DuPont DeNemours & Co.

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Palm Bay Imp. v. Veuve Clicquot Ponsardin

Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

In re Violation of Rule 28(D)

Holding that the marking of legal argument as confidential is only justified if "the argument discloses facts or figures of genuine competitive or commercial significance"

Cunningham v. Laser Golf Corp.

Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

Juice Generation, Inc. v. GS Enterprises LLC

Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

Stone Lion Capital Partners, L.P. v. Lion Capital LLP

Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

Rule 901 - Authenticating or Identifying Evidence

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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 1057 - Certificates of registration

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Section 2.116 - Federal Rules of Civil Procedure

Making the federal rules of civil procedure generally applicable in TTAB proceedings

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Section 2.120 - Discovery

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

Section 2.27 - Pending trademark application index; access to applications