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SY Custom, Inc. v. The Tailory, LLC

92070569 (T.T.A.B. Aug. 12, 2021)
SY Custom, Inc. v. The Tailory, LLC

26 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,117 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 33 times   6 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

  3. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 30 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  4. In re Pacer Technology

    338 F.3d 1348 (Fed. Cir. 2003)   Cited 48 times   1 Legal Analyses

    No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA

  5. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 41 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

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

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 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

  7. In re Chippendales USA, Inc.

    622 F.3d 1346 (Fed. Cir. 2010)   Cited 23 times   5 Legal Analyses
    Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

  8. Real Foods Pty Ltd. v. Frito-Lay N. Am., Inc.

    906 F.3d 965 (Fed. Cir. 2018)   Cited 14 times   1 Legal Analyses

    2017-1959, 2017-2009 09-21-2018 REAL FOODS PTY LTD., Appellant v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by Stephanie Spangler ; Kelly Watkins, Allentown, PA. William G. Barber, Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by Tyson David Smith, David Armendariz. Wallach, Circuit Judge. Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued

  9. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 12 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

  10. In re La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 15 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

  11. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 934 times   52 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  12. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  13. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 80 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"