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StrongVolt, Inc. v. Matey Michael Ghomeshi

No. 92061629 (T.T.A.B. Nov. 23, 2018)
StrongVolt, Inc. v. Matey Michael Ghomeshi

20 Cited authorities

  1. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  2. Blue Bell, Inc. v. Farah Mfg. Company, Inc.

    508 F.2d 1260 (5th Cir. 1975)   Cited 107 times
    Noting that a “single use in trade may sustain trademark rights if followed by continuous commercial utilization”

  3. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  4. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 14 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  5. 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"

  6. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 42 times
    Recognizing that single bona fide shipment in commerce may support registration

  7. Christian Faith Fellowship Church v. adidas AG

    841 F.3d 986 (Fed. Cir. 2016)   Cited 3 times   7 Legal Analyses
    In Christian Faith Fellowship, the Trademark Trial and Appeal Board concluded that two sales totaling $38 to two out-of-state residents were de minimis and therefore not sales in commerce.

  8. Firsthealth v. Carefirst

    479 F.3d 825 (Fed. Cir. 2007)   Cited 9 times   1 Legal Analyses
    Finding no excusable neglect where the second and third factors weighed against such a finding

  9. Grain Processing v. American Maize-Products

    108 F.3d 1392 (Fed. Cir. 1997)   Cited 18 times
    In White, this court affirmed a decision of the Board refusing to register the mark “THE ROMULANS” to the applicant (the principal member of a rock-and-roll band called “The Romulans”) for promotional connect-the-dots games.

  10. Avakoff v. Southern Pacific Co.

    765 F.2d 1097 (Fed. Cir. 1985)   Cited 17 times
    Concluding that an interstate shipment of trademarked goods from the manufacturer to the trademark owner was "purely a delivery of the goods to applicant from the manufacturer.... That is, it was a shipment of the goods in preparation for offering the goods for sale. It did not make the goods available to the purchasing public. Without more, this type of shipment is clearly not activity amounting to a sale or transportation of the goods in commerce and does not constitute a bona fide shipment sufficient to lay a foundation for federal registration."

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,377 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 47,887 times   332 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,016 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  14. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,044 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  15. Section 1151 - Purpose of chapter

    15 U.S.C. § 1151   Cited 8 times

    The purpose of this chapter is to make the results of technological research and development more readily available to industry and business, and to the general public, by clarifying and defining the functions and responsibilities of the Department of Commerce as a central clearinghouse for technical information which is useful to American industry and business. 15 U.S.C. § 1151 Sept. 9, 1950, ch. 936, §1, 64 Stat. 823.

  16. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    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"

  17. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination