U.S. Dairy Export Council v. Interprofession du Gruyère, Syndicat Interprofessionnel du Gruyère

41 Cited authorities

  1. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,858 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  2. Pom Wonderful LLC v. Coca-Cola Co.

    573 U.S. 102 (2014)   Cited 327 times   31 Legal Analyses
    Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice
  3. Patent and Trademark Office v. Booking.com B. V.

    140 S. Ct. 2298 (2020)   Cited 55 times   8 Legal Analyses
    Holding that addition of generic ".com" can "convey to consumers a source-identifying character" that enhances the distinctiveness of a mark
  4. Nartron Corp. v. Stmicroelectronics, Inc.

    305 F.3d 397 (6th Cir. 2002)   Cited 138 times   2 Legal Analyses
    Holding that composite term "smart power" is generic
  5. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 104 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark
  6. Air Land Forwarders, Inc., v. U.S.

    172 F.3d 1338 (Fed. Cir. 1999)   Cited 86 times   1 Legal Analyses
    Holding that Rule 803 does not require first-hand knowledge of the original preparation of the document when "an organization incorporated the records of another entity into its own, relied upon those records in its day-to-day operations, and where there are other strong indicia of reliability"
  7. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 70 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"
  8. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 30 times   5 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"
  9. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
  10. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 25 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services
  11. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,519 times   104 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,659 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities
  13. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,148 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  14. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,820 times   11 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
  15. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,787 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark
  16. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,943 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark
  17. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,577 times   259 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"
  18. Rule 603 - Oath or Affirmation to Testify Truthfully

    Fed. R. Evid. 603   Cited 155 times
    Setting out the oath requirement
  19. Section 1054 - Collective marks and certification marks registrable

    15 U.S.C. § 1054   Cited 44 times   3 Legal Analyses
    Authorizing "nations, States, municipalities, and the like" to register collective marks
  20. Section 133.149 - Gruyere cheese

    21 C.F.R. § 133.149   Cited 4 times

    (a)Description. (1) Gruyere cheese is the food prepared by the procedure set forth in paragraph (a)(3) of this section or by any other procedure which produces a finished cheese having the same physical and chemical properties. It contains small holes or eyes. It has a mild flavor, due in part to the growth of surface-curing agents. The minimum milkfat content is 45 percent by weight of the solids and the maximum moisture content is 39 percent by weight, as determined by the methods described in

  21. Section 133.169 - Pasteurized process cheese

    21 C.F.R. § 133.169   Cited 1 times

    (a) (1) Pasteurized process cheese is the food prepared by comminuting and mixing, with the aid of heat, one or more cheeses of the same or two or more varieties, except cream cheese, neufchatel cheese, cottage cheese, lowfat cottage cheese, cottage cheese dry curd, cook cheese, hard grating cheese, semisoft part-skim cheese, part-skim spiced cheese, and skim milk cheese for manufacturing with an emulsifying agent prescribed by paragraph (c) of this section into a homogeneous plastic mass. One or

  22. Section 133.184 - Roquefort cheese, sheep's milk blue-mold, and blue-mold cheese from sheep's milk

    21 C.F.R. § 133.184   Cited 1 times

    (a)Description. (1) Roquefort cheese, sheep's milk blue-mold cheese, blue-mold cheese from sheep's milk, is the food prepared by the procedure set forth in paragraph (a)(2) of this section or by any other procedure which produces a finished cheese having the same physical and chemical properties. It is characterized by the presence of bluish-green mold, Penicillium roquefortii, throughout the cheese. The minimum milkfat content is 50 percent by weight of the solids and the maximum moisture content