Treana Winery, LLC v. Niner Wine Estates, LLC

7 Cited authorities

Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 57 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Jewelers Vigilance Comm. v. Ullenberg Corp.
823 F.2d 490 (Fed. Cir. 1987) Cited 24 times
Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”
Otto Roth Co. v. Universal Foods Corp.
640 F.2d 1317 (C.C.P.A. 1981) Cited 20 times
Recognizing importance of "free use of the language" in commercial speech context
Jewelers Vigilance Committee v. Ullenberg
853 F.2d 888 (Fed. Cir. 1988) Cited 5 times
Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 times 1 Legal Analyses
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Treana Winery, LLC v. Niner Wine Estates, LLC

7 Cited authorities

Ritchie v. Simpson

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Lipton Industries, Inc. v. Ralston Purina

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Jewelers Vigilance Comm. v. Ullenberg Corp.

Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”

Otto Roth Co. v. Universal Foods Corp.

Recognizing importance of "free use of the language" in commercial speech context

Jewelers Vigilance Committee v. Ullenberg

Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"