Spirits of New Merced, LLC

8 Cited authorities

In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 times
Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
In re Save Venice New York, Inc.
259 F.3d 1346 (Fed. Cir. 2001) Cited 19 times 1 Legal Analyses
Observing that " registered mark is incontestable only in the form registered and for the goods or services claimed"
In re California Innovations, Inc.
329 F.3d 1334 (Fed. Cir. 2003) Cited 9 times
No. 02-1407. DECIDED: May 22, 2003. Michael A. Grow, Arent Fox Kintner Plotkin Kahn, PLLC of Washington, DC, argued for appellant. With him on the brief were Charles M. Marmelstein and Evan S. Stolove. Henry G. Sawtelle, Associate, United States Patent and Trademark Office of Arlington, Virginia, argued for the appellee. With him on the brief were John M. Whealan, Solicitor, and Cynthia C. Lynch, Associate Solicitor. Before NEWMAN, CLEVENGER, and RADER, Circuit Judges. RADER, Circuit Judge. California
In re Wada
194 F.3d 1297 (Fed. Cir. 1999) Cited 11 times
Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."
In re Loew's Theatres, Inc.
769 F.2d 764 (Fed. Cir. 1985) Cited 26 times 2 Legal Analyses
Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco
In re Nantucket, Inc.
677 F.2d 95 (C.C.P.A. 1982) Cited 28 times
Describing this legislative history
Warwood v. Hubbard
218 Mont. 438 (Mont. 1985) Cited 3 times
No. 85-53. Submitted October 28, 1985. Decided November 19, 1985. Appeal from the District Court of Gallatin County. Eighteenth Judicial District. Hon. Joseph B. Gary, Judge Presiding. Richard C. Conover, argued, Bozeman, for plaintiff and appellant. Morrow, Sedivy Bennett, Edmund P. Sedivy, argued, Bozeman, for defendants and respondents. MR. JUSTICE HUNT delivered the Opinion of the Court.Page 439 Plaintiff-appellant, Warwood, appeals an order of the Gallatin County District Court denying his motion
Application of Cooper
254 F.2d 611 (C.C.P.A. 1958) Cited 22 times 2 Legal Analyses
Upholding trademark office's refusal to register a book title as a trademark, but noting that "the rights in book titles are afforded appropriate protection under the law of unfair competition"

Spirits of New Merced, LLC

8 Cited authorities

Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

Observing that " registered mark is incontestable only in the form registered and for the goods or services claimed"

Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."

Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

Describing this legislative history

Upholding trademark office's refusal to register a book title as a trademark, but noting that "the rights in book titles are afforded appropriate protection under the law of unfair competition"