TPK U.S.A., LLC

10 Cited authorities

  1. Coventry Sewage Associates v. Dworkin Realty Co.

    71 F.3d 1 (1st Cir. 1995)   Cited 160 times
    Holding that the district court retained jurisdiction because "the reduction of the amount in controversy resulted from acts occurring wholly after the action commenced"
  2. Calero-Colon v. Betancourt-Lebron

    68 F.3d 1 (1st Cir. 1995)   Cited 123 times
    Holding adopted by the Eleventh Circuit in Whiting v. Traylor, 85 F.3d 581, 585 (11th Cir. 1996)
  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"
  4. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 25 times
    Reviewing the weight given to the similarity-of-the-marks factor for legal error
  5. Jirau-Bernal v. Agrait

    37 F.3d 1 (1st Cir. 1994)   Cited 48 times
    Holding that political discrimination claims are not subject to the Title VII burden-shifting device, and plaintiff's failure to rebut the reorganization defense does not necessarily compel summary judgment for the defendant because the burden is on defendant to proffer evidence that "compel the finding that political discrimination did not constitute a `but for' cause for the" dismissal
  6. Hewlett-Packard Co. v. Packard Press, Inc.

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 33 times
    Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”
  7. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 33 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services
  8. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark

  9. Application of West Point-Pepperell, Inc.

    468 F.2d 200 (C.C.P.A. 1972)   Cited 13 times

    Patent Appeal Nos. 8769, 8770. November 2, 1972. Cushman, Darby Cushman, Washington, D.C., attorneys of record, for appellant. C. Willard Hayes, James L. Dooley, William T. Bullinger, Washington, D.C., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Court of Customs and Patent Appeals, Rich, J. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE Judges. RICH, Judge. This appeal was taken from

  10. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,600 times   274 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"