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Unique Motorcars v. Carroll Hall Shelby Trust

OPP (T.T.A.B. Mar. 4, 2009)
Unique Motorcars v. Carroll Hall Shelby Trust

16 Cited authorities

  1. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,595 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

  2. Walker & Zanger, Inc. v. Paragon Industries, Inc.

    549 F. Supp. 2d 1168 (N.D. Cal. 2007)   Cited 48 times
    Holding on summary judgment that " handful of statements to customers does not trigger protection from the Lanham Act unless the potential purchasers in the market are relatively limited in number"

  3. 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.”

  4. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  5. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  6. Bellsouth Corp. v. Datanational Corp.

    60 F.3d 1565 (Fed. Cir. 1995)   Cited 25 times
    Affirming finding, on summary judgment, that a "Walking Fingers" logo had "become generic"

  7. Sunrise Jewelry Mfg. Corp. v. Fred S.A

    175 F.3d 1322 (Fed. Cir. 1999)   Cited 19 times
    Finding that Duraco and Knitwaves are consistent with the principle that a trade dress which does not indicate source is generic and unprotectable

  8. 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”

  9. Carroll Shelby Licensing v. Superformance Int'l.

    251 F. Supp. 2d 983 (D. Mass. 2002)   Cited 4 times

    No. CIV.A.00-12581-RWZ August 21, 2002. Darrell L. Olson, Lynda Zadra-Symes, John W. Holcomb, Valerie L. Bracken, Knobbe Martens Olson Bear LLP, Irvine, CA, Gregory A. Madera, Kurt Glitzenstein, Fish Richardson P.C., Boston, MA, for Superformance International. Todd Cronan, R. David Hosp, Goodwin Proctor LLP, Boston, MA, M. Neil Cummings, M. Neil Cummings Associates, Los Angeles, CA, for Carroll Shelby Licensing, Inc., Shelby American, Inc. and Carroll Shelby. Stephen McKenna, Danielle B. Lemack

  10. McCormick Company v. Summers

    354 F.2d 668 (C.C.P.A. 1966)   Cited 9 times
    In McCormick this court said "registrability of a mark must be determined on the basis of facts as they exist at the time when the issue of registrability is under consideration" and it appears to us consistent with McCormick and DeWalt as well as sound in principle to decide in the present appeal that the time when the issue of registrability is under consideration extends at least to the time the application is acted on in the Patent Office.

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,919 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 1002 - Requirement of the Original

    Fed. R. Evid. 1002   Cited 1,099 times   8 Legal Analyses
    Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"

  13. 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"

  14. Section 2.121 - Assignment of times for taking testimony and presenting evidence

    37 C.F.R. § 2.121   Cited 6 times

    (a) The Trademark Trial and Appeal Board will issue a trial order setting a deadline for each party's required pretrial disclosures and assigning to each party its time for taking testimony and presenting evidence ("testimony period"). No testimony shall be taken or evidence presented except during the times assigned, unless by stipulation of the parties approved by the Board, or upon motion granted by the Board, or by order of the Board. The deadlines for pretrial disclosures and the testimony periods

  15. Section 2.132 - Involuntary dismissal for failure to take testimony

    37 C.F.R. § 2.132   Cited 3 times

    (a) If the time for taking testimony by any party in the position of plaintiff has expired and it is clear to the Board from the proceeding record that such party has not taken testimony or offered any other evidence, the Board may grant judgment for the defendant. Also, any party in the position of defendant may, without waiving the right to offer evidence in the event the motion is denied, move for dismissal on the ground of the failure of the plaintiff to prosecute. The party in the position of

  16. Section 2.119 - Service and signing

    37 C.F.R. § 2.119   Cited 1 times   2 Legal Analyses

    (a) Except for the notice of opposition or the petition to cancel, every submission filed in the Office in inter partes cases, including notices of appeal to the courts, must be served upon the other party or parties. Proof of such service must be made before the submission will be considered by the Office. A statement signed by the attorney or other authorized representative, attached to or appearing on the original submission when filed, clearly stating the date and manner in which service was