13 Cited authorities
In re Bose Corp.
580 F.3d 1240 (Fed. Cir. 2009) Cited 172 times 13 Legal AnalysesHolding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 74 times 3 Legal AnalysesFinding 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"
Torres v. Cantine Torresella S.R.L
808 F.2d 46 (Fed. Cir. 1986) Cited 52 times 3 Legal AnalysesAffirming TTAB's cancellation of trademark for fraudulently obtaining registration
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 timesHolding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
In re Bose Corp.
772 F.2d 866 (Fed. Cir. 1985) Cited 31 times 2 Legal AnalysesHolding pentagonal shape of loudspeaker functional where applicant's promotional materials lauded shape as functional part of sound system
INSTITUT NAT. DES APPELLATIONS v. VINTNERS
958 F.2d 1574 (Fed. Cir. 1992) Cited 13 timesAffirming finding, on summary judgment, that the term "Chablis" is generic
Midwest Plastic v. Underwriters Laboratories
906 F.2d 1568 (Fed. Cir. 1990) Cited 13 timesIn Midwest Plastic Fabricators, Inc. v. Underwriters Labs. Inc., 906 F.2d 1568, 1571 (Fed. Cir. 1990), the Federal Circuit—on an appeal discussing a different subsection than the one FCA asserts here—explained that "if a certification mark's owner also allowed the mark to be used as a trademark, there would be a basis for cancellation of the registration."
Engineered Mech. Serv. v. Applied Mech. Technology
584 F. Supp. 1149 (M.D. La. 1984) Cited 7 timesCiv. A. No. 81-663-A. April 11, 1984. Bert K. Robinson, Wray, Robinson Kracht, Baton Rouge, La., for plaintiff. Carey J. Guglielmo, Owen, Richardson, Taylor, Mathews Atkinson, Baton Rouge, La., for defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW JOHN V. PARKER, Chief Judge. This action is brought by Engineered Mechanical Services, Inc. (EMS), a Louisiana corporation (formerly known as "The Metalock Corporation") and Metalock Corporation (Metalock Corp.) an Illinois corporation, asserting trademark
W.D. Byron Sons v. Stein Bros. Mfg. Co.
377 F.2d 1001 (C.C.P.A. 1967) Cited 18 timesPatent Appeal No. 7806. May 25, 1967. Kaye, Scholer, Fierman, Hays Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant. Hill, Sherman, Meroni, Gross Simpson, Charles F. Meroni, Charles F. Meroni, Jr., Chicago, Ill., for appellee. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal by opposer-petitioner Byron from the
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,339 times 92 Legal AnalysesFinding 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
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,015 times 98 Legal AnalysesGranting standing under § 1114 to the legal representative of the registrant of a trademark
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 917 times 50 Legal AnalysesAllowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
Section 1054 - Collective marks and certification marks registrable
15 U.S.C. § 1054 Cited 45 times 3 Legal AnalysesAuthorizing "nations, States, municipalities, and the like" to register collective marks