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The Oakland Corp. v. Nylok Fastener Corp.

No. 91082056 (T.T.A.B. Nov. 29, 1999)
The Oakland Corp. v. Nylok Fastener Corp.

7 Cited authorities

  1. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 573 times   51 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  2. In re Morton-Norwich Products, Inc.

    671 F.2d 1332 (C.C.P.A. 1982)   Cited 109 times   2 Legal Analyses
    Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection

  3. In re Owens-Corning Fiberglas Corp.

    774 F.2d 1116 (Fed. Cir. 1985)   Cited 61 times   4 Legal Analyses
    Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

  4. 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

  5. Brunswick Corp. v. British Seagull LTD

    35 F.3d 1527 (Fed. Cir. 1994)   Cited 28 times
    Holding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines

  6. Mine Safety Appliances v. Elec. Storage

    405 F.2d 901 (C.C.P.A. 1969)   Cited 11 times
    In Mine Safety Appliance Corp. v. Electric Storage Battery Co., 405 F.2d 901, 902 n. 2 (Cust. Pat.App. 1969), where the court affirmed the denial of an application to register a trademark on the Principal Register, Judge Smith's concurring opinion was cited in response to the arguments of counsel of the application of Sears and Compco.

  7. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 23 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"