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The Brita Products Co.

No. 75061885 (T.T.A.B. Aug. 26, 1999)
The Brita Products Co.

6 Cited authorities

  1. Braun Inc. v. Dynamics Corp. of America

    975 F.2d 815 (Fed. Cir. 1992)   Cited 175 times
    Holding that " claim of trade dress infringement fails if secondary meaning did not exist before the infringement began" and placing the burden of proof on the plaintiff

  2. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  3. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

  4. Application of Abcor Development Corp.

    588 F.2d 811 (C.C.P.A. 1978)   Cited 36 times   2 Legal Analyses
    In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

  5. In re Gyulay

    820 F.2d 1216 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses
    Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

  6. In re Omaha Nat. Corp.

    819 F.2d 1117 (Fed. Cir. 1987)   Cited 4 times   1 Legal Analyses

    Appeal No. 86-1567. May 20, 1987. Dennis L. Thomte, Zarley, McKee, Thomte, Voorhees Sease, Omaha, Neb., argued for appellant. Nancy C. Slutter, Asst. Sol., Arlington, Va., argued for appellee. With her on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol., Washington, D.C. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge. NIES, Circuit Judge. Omaha National Bank appeals