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Trendsettah USA, Inc. v. Hits from the Bong, Inc.

No. 92063138 (T.T.A.B. Jun. 19, 2017)
Trendsettah USA, Inc. v. Hits from the Bong, Inc.

15 Cited authorities

  1. Medtronic Ave, Inc. v. Advanced Cardiovascular Sys., Inc.

    247 F.3d 44 (3d Cir. 2001)   Cited 195 times
    Holding that "assignment of a contract will result in the assignee stepping into the shoes of the assignor with regard to the rights that the assignor held and not in an expansion of those rights to include those held by the assignee."

  2. Citibank, N.A. v. Tele/Resources, Inc.

    724 F.2d 266 (2d Cir. 1983)   Cited 67 times

    Cal. No. 29, Docket 83-5011. Argued October 17, 1983. Decided December 6, 1983. Mark D. Lebow, New York City (Coudert Brothers, Carlos E. Mendez-Penate, New York City, of counsel), for defendant-appellant. Louise Sommers, New York City (Rogers Wells, Joseph H. Levie, New York City of counsel), for plaintiff-appellee. Appeal from the United States District Court for the Southern District of New York. Before FRIENDLY, VAN GRAAFEILAND and MESKILL, Circuit Judges. VAN GRAAFEILAND, Circuit Judge: The

  3. Capitan Enterprises Inc. v. Jackson

    903 S.W.2d 772 (Tex. App. 1995)   Cited 26 times

    No. 08-93-00309-CV. December 22, 1994. Rehearing Overruled March 1, 1995. Appeal from 109th District Court, Andrews County, James L. Rex, J. Carol Barry, Jeff Armstrong, Kuperman, Orr, Mouer Albers, Austin, for appellants. Kevin B. Jackson, Andrews, James L. Musselman, Houston, for appellee. Before BARAJAS, C.J., and LARSEN and McCOLLUM, JJ. OPINION LARSEN, Justice. This appeal stems from a judgment in favor of plaintiff Darrell Jackson, in which he was awarded 5% of gross billings of defendants

  4. Young v. AGB Corp.

    152 F.3d 1377 (Fed. Cir. 1998)   Cited 20 times

    No. 98-1055 DECIDED: August 17, 1998 Appealed from: U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Sharon Dinwiddie, Burke Blue, P.A., of Panama City, Florida, argued for appellant. On the brief was Edward A. Hutchinson, Jr. Pamela Ann Bresnahan, Vorys, Sater, Seymour and Pease, LLP, of Washington, DC, argued for appellee. With her on the brief was Cory M. Amron. Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge. LOURIE, Circuit Judge. John

  5. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  6. Wallpaper Mfrs. v. Crown Wallcovering Corp.

    680 F.2d 755 (C.C.P.A. 1982)   Cited 33 times
    Explaining "even where there is reverse confusion ... another source with superior de jure rights may prevail regardless of what source or sources the public identifies with the mark"

  7. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  8. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  9. Remington Products v. North Am. Philips Corp.

    892 F.2d 1576 (Fed. Cir. 1990)   Cited 10 times
    Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined

  10. Vitaline Corp. v. General Mills, Inc.

    891 F.2d 273 (Fed. Cir. 1989)   Cited 9 times

    No. 89-1397. December 7, 1989. James H. Laughlin, Jr., Benoit, Smith Laughlin, Arlington, argued, for appellant. With him on the brief was John C. Smith, Jr. Jeffery A. Handelman, William Brinks Olds Hofer Gilson Lione, Chicago, Ill., argued, for appellee. With him on the brief was Dean A. Olds. Also on the brief was Richard M. Berman, Sr. Associate Counsel, General Mills, Inc., Minneapolis, Minn., of counsel. Appeal from the United States Patent Trademark Office, Trademark Trial Appeal Board. Before

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 367,405 times   969 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,362 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

    15 U.S.C. § 1052   Cited 1,615 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"

  14. Section 1060 - Assignment

    15 U.S.C. § 1060   Cited 193 times   13 Legal Analyses
    Requiring assignments of federal trademark registrations to be "by instruments in writing"

  15. Section 2.114 - Answer

    37 C.F.R. § 2.114   Cited 6 times
    Identifying " defense attacking the validity of any one or more of the registrations pleaded in the petition," as the sole compulsory counterclaim to a cancellation petition