Total Window, Inc. v. Arlee Home Fashions, Inc.
6 Cited authorities
Cerveceria Centroamericana v. Cerveceria
892 F.2d 1021 (Fed. Cir. 1989) Cited 50 times 1 Legal AnalysesHolding 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
T.A.B. Systems v. Pactel Teletrac
77 F.3d 1372 (Fed. Cir. 1996) Cited 29 times 1 Legal AnalysesFinding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
West Florida Seafood, Inc. v. Jet Restaurants
31 F.3d 1122 (Fed. Cir. 1994) Cited 21 timesRecognizing 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
Martahus v. Video Duplication Services, Inc.
3 F.3d 417 (Fed. Cir. 1993) Cited 13 timesAffirming cancellation of service mark where party seeking cancellation provided sales invoices, draft contract, and testimony demonstrating prior use of mark in dealings with customers and the relevant public on specific dates
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 338,916 times 162 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 929 times 51 Legal AnalysesAllowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services