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Yamaha Corp. of America v. Wrightwood Enterprises, Inc.

No. 91108787 (T.T.A.B. Nov. 21, 2002)
Yamaha Corp. of America v. Wrightwood Enterprises, Inc.

9 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 78 times
    Applying Recot in analyzing the similarity of services

  3. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 88 times   5 Legal Analyses
    Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

  4. Dial-A-Mattress v. Mattress Madness

    841 F. Supp. 1339 (E.D.N.Y. 1994)   Cited 73 times
    Holding that the assignment of the trade name "Dial-A-Mattress" to a corporation already using that name was not invalid as an assignment in gross; assignee had already built up substantial goodwill in the name before the assignment and the assignor had no other assets except its intellectual property at the time of the assignment

  5. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  6. 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"

  7. Rivard v. Linville

    133 F.3d 1446 (Fed. Cir. 1998)   Cited 23 times   2 Legal Analyses
    Finding evidence must be more than a mere denial of an intent to abandon

  8. General Cigar Co., Inc. v. G.D.M. Inc.

    988 F. Supp. 647 (S.D.N.Y. 1997)   Cited 21 times
    Holding that a third party's possibly superior rights cannot be a defense

  9. Sterling Brewers, Inc. v. Schenley Indust

    441 F.2d 675 (C.C.P.A. 1971)   Cited 28 times
    Finding no problem with assigning beer mark to one business entity and brewery assets to another