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University of Kentucky v. 40-0, LLC

91224310 (T.T.A.B. Mar. 4, 2021)
University of Kentucky v. 40-0, LLC

14 Cited authorities

  1. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 175 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  2. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 75 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"

  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. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 12 times   1 Legal Analyses
    Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

  5. Corcamore, LLC v. SFM, LLC

    978 F.3d 1298 (Fed. Cir. 2020)   Cited 10 times   3 Legal Analyses
    Holding that Lexmark controls the statutory cause of action analysis under § 1064

  6. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 16 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  7. Nationstar Mortgage, LLC v. Ahmad

    155 F. Supp. 3d 585 (E.D. Va. 2015)   Cited 9 times
    Finding bad faith

  8. De Walt, Inc. v. Magna Power Tool Corp.

    289 F.2d 656 (C.C.P.A. 1961)   Cited 25 times
    In DeWalt, Inc. v. Magna Power Tool Corp., 289 F.2d 656, 48 CCPA 909, at CCPA p. 918, we pointed out that "damage" will be presumed or inferred when the mark sought to be registered is descriptive of the goods of the opposer and the opposer is one who has an interest in using the descriptive term in its business, collecting a number of cases supporting the point.

  9. In re Bose Corp.

    546 F.2d 893 (C.C.P.A. 1976)   Cited 1 times

    Patent Appeal No. 76-581. December 16, 1976. Charles Hieken, Hieken Cohen, Waltham, Mass., atty. of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. LANE, Judge. This is an appeal from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the refusal to register SYNCOM for loudspeaker

  10. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 16,012 times   52 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,911 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,036 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  13. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,052 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  14. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 148 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"