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Shock Doctor, Inc. v. Bite Tech, Inc.

No. 91195412 (T.T.A.B. Apr. 9, 2013)
Shock Doctor, Inc. v. Bite Tech, Inc.

21 Cited authorities

  1. Genesee Brewing Co., Inc. v. Stroh Brewing Co.

    124 F.3d 137 (2d Cir. 1997)   Cited 291 times   1 Legal Analyses
    Holding that to recover for unfair competition based on the use of a generic term, the plaintiff was required to show, inter alia, “an association of origin by the consumer between the mark and the first user, that is, secondary meaning”

  2. In re Morton-Norwich Products, Inc.

    671 F.2d 1332 (C.C.P.A. 1982)   Cited 108 times   2 Legal Analyses
    Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection

  3. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

  4. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  5. In re Steelbuilding.com

    415 F.3d 1293 (Fed. Cir. 2005)   Cited 26 times   2 Legal Analyses
    Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

  6. In re Northland Aluminum Products, Inc.

    777 F.2d 1556 (Fed. Cir. 1985)   Cited 49 times
    Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"

  7. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 44 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  8. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  9. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 22 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  10. In re Reed

    482 F.3d 1376 (Fed. Cir. 2007)   Cited 13 times   2 Legal Analyses
    Holding that the Board properly considered websites containing "lawyer.com" or "lawyers.com" in their domain names to determine what the relevant public would understand LAWYERS.COM to mean

  11. 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