§

Tony Marterie & Associates v. Blast Eyewear, Inc.

No. 92023852 (T.T.A.B. Dec. 28, 1999)
Tony Marterie & Associates v. Blast Eyewear, Inc.

8 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. 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

  3. J J Snack Foods Corp. v. McDonalds' Corp.

    932 F.2d 1460 (Fed. Cir. 1991)   Cited 45 times   1 Legal Analyses
    Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

  4. Pure Gold, Inc. v. Syntex (U.S.A.), Inc.

    739 F.2d 624 (Fed. Cir. 1984)   Cited 49 times
    Holding that the nonmovant "must set out, usually in an affidavit by one with knowledge of specific facts, what specific evidence could be offered at trial."

  5. Rivard v. Linville

    133 F.3d 1446 (Fed. Cir. 1998)   Cited 23 times   2 Legal Analyses
    Finding evidence must be more than a mere denial of an intent to abandon

  6. In re Martin's Famous Pastry Shoppe, Inc.

    748 F.2d 1565 (Fed. Cir. 1984)   Cited 18 times
    Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

  7. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 16 times   1 Legal Analyses
    Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

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

    15 U.S.C. § 1127   Cited 3,015 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark