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Tween Brands Investment, LLC v. I am a Dreamer LLC DBA Levi Emmanuel

No. 92056767 (T.T.A.B. Mar. 31, 2015)
Tween Brands Investment, LLC v. I am a Dreamer LLC DBA Levi Emmanuel

10 Cited authorities

  1. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 72 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"

  2. 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"

  3. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding 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

  4. University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

    703 F.2d 1372 (Fed. Cir. 1983)   Cited 19 times   2 Legal Analyses
    In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

  5. 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

  6. Action Temporary Services v. Labor Force

    870 F.2d 1563 (Fed. Cir. 1989)   Cited 10 times

    No. 88-1446. March 23, 1989. J. Rodman Steele, Steele, Gould Fried, Philadelphia, Pa., argued for appellant. With him on the brief was Gregory A. Nelson. Jonathan E. Jobe, Jr., Hubbard, Thurman, Turner Tucker, Dallas, Tex., argued for appellee. With him on the brief was Molly Buck Richard. Appeal from the United States Patent and Trademark Office Trademark Trial and Appeal Board. Before RICH, SMITH and NEWMAN, Circuit Judges. EDWARD S. SMITH, Circuit Judge. In this concurrent use proceeding, the

  7. Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc.

    648 F.2d 1335 (C.C.P.A. 1981)   Cited 9 times
    Finding extensive licensing of mark MONOPOLY for real estate game relevant evidence of relatedness of goods

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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"

  9. 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"

  10. Section 2.128 - Briefs at final hearing

    37 C.F.R. § 2.128   Cited 3 times
    Setting forth rules for submission of briefs to the TTAB