Smokey Island Grille LLC v. The Tai Walker Company, LLC and Ty Walker

15 Cited authorities

Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 74 times 3 Legal Analyses
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"
Enzo Biochem, Inc. v. Gen-Probe Inc.
424 F.3d 1276 (Fed. Cir. 2005) Cited 62 times 1 Legal Analyses
Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment
Metro Traffic Control v. Shadow Network
104 F.3d 336 (Fed. Cir. 1997) Cited 55 times
Holding that third party may petition to cancel fraudulently obtained trademark registration
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Australian Therapeutic Supplies Pty. v. Naked TM, LLC
965 F.3d 1370 (Fed. Cir. 2020) Cited 10 times 1 Legal Analyses
Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement
International Order of Job's Daughters v. Lindeburg & Co.
727 F.2d 1087 (Fed. Cir. 1984) Cited 58 times 3 Legal Analyses
Holding that under the doctrine of issue preclusion, the Ninth Circuit's earlier determination that a name and emblem did not serve as a trademark required cancellation of the registration
Corcamore, LLC v. SFM, LLC
978 F.3d 1298 (Fed. Cir. 2020) Cited 9 times 3 Legal Analyses
Holding that Lexmark controls the statutory cause of action analysis under § 1064
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 15 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Lyons v. Am. Coll. of Veterinary Sports Med.
859 F.3d 1023 (Fed. Cir. 2017) Cited 7 times 1 Legal Analyses
Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,349 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,905 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,606 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"

Smokey Island Grille LLC v. The Tai Walker Company, LLC and Ty Walker

15 Cited authorities

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"

Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

Holding that third party may petition to cancel fraudulently obtained trademark registration

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

Holding that under the doctrine of issue preclusion, the Ninth Circuit's earlier determination that a name and emblem did not serve as a trademark required cancellation of the registration

Holding that Lexmark controls the statutory cause of action analysis under § 1064

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce

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

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

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"