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Volack v. The Enterprise Foundation, Inc.

No. 91168576 (T.T.A.B. Aug. 24, 2007)
Volack v. The Enterprise Foundation, Inc.

10 Cited authorities

  1. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,126 times   10 Legal Analyses
    Holding that use of competitor's trademark in metatags, which are not visible on a website, is actionable under the Lanham Act

  2. 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.”

  3. Bose Corp. v. QSC Audio Products, Inc.

    293 F.3d 1367 (Fed. Cir. 2002)   Cited 37 times   2 Legal Analyses
    Finding that product marks, ACOUSTIC WAVE and WAVE, were famous in addition to their house mark, BOSE

  4. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  5. 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”

  6. Lone Star Manufacturing Co. v. Bill Beasley

    498 F.2d 906 (C.C.P.A. 1974)   Cited 2 times

    Patent Appeal No. 9201. July 3, 1974. Wofford, Felsman Fails, Fort Worth, Tex., attorneys of record, for appellant; Dennison, Dennison, Townshend Meserole, Arlington, Va., of counsel. Howard E. Moore, Dallas, Tex., attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. BALDWIN, Judge. This appeal is from the decision of the Trademark Trial and Appeal Board dismissing an opposition to appellee's

  7. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,937 times   330 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  8. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,921 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  9. 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"

  10. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 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"