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Augustine’s Spiritual Goods, Inc. v. Augustine’s Eternal Gifts, LLC

No. 92049453 (T.T.A.B. Aug. 26, 2010)
Augustine’s Spiritual Goods, Inc. v. Augustine’s Eternal Gifts, LLC

12 Cited authorities

  1. United States v. Armour Co.

    402 U.S. 673 (1971)   Cited 651 times   1 Legal Analyses
    Holding that consent decree must be enforced as written, and enforcing defendant's waiver of right to litigate particular issue

  2. Gallagher v. Lenart

    226 Ill. 2d 208 (Ill. 2007)   Cited 580 times
    Explaining that a court's "primary objective in construing a contract is to give effect to the intent of the parties"

  3. Air Safety, Inc. v. Teachers Realty Corporation

    185 Ill. 2d 457 (Ill. 1999)   Cited 399 times   1 Legal Analyses
    Holding that Illinois law follows a strict "four corners" approach and does not allow extrinsic evidence to establish an ambiguity in an integrated contract

  4. Rich V. Principal Life Insurance

    226 Ill. 2d 359 (Ill. 2007)   Cited 162 times
    Concluding that the absence of a comma in a policy limitation provision indicated a series of restrictive clauses that identified or defined the antecedent noun (citing William Strunk & E.B. White, The Elements of Style 3–4 (3d ed. 1979) (discussing restrictive and nonrestrictive clauses))

  5. Lease Management Equipment Corp. v. DFO Partnership

    392 Ill. App. 3d 678 (Ill. App. Ct. 2009)   Cited 44 times
    Holding that references to "return possession" and "redelivery" were synonymous, despite using different words

  6. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  7. Western Ill. Oil Co. v. Thompson

    26 Ill. 2d 287 (Ill. 1962)   Cited 112 times

    No. 37220. Decree affirmed. Opinion filed November 30, 1962. APPEAL from the Circuit Court of Knox County; the Hon. BURTON A. ROETH, Judge, presiding. STUART, NEAGLE WEST, of Galesburg, for appellant. BARASH STOERZBACH, of Galesburg, for appellees. Mr. JUSTICE UNDERWOOD delivered the opinion of the court: This case is before us on appeal from a decree of the circuit court of Knox County dismissing for want of equity the complaint for specific performance of an option to purchase certain real estate

  8. 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"

  9. Novamedix, Ltd. v. NDM Acquisition Corp.

    166 F.3d 1177 (Fed. Cir. 1999)   Cited 30 times
    Concluding the UCC did not apply to a settlement agreement that provided for the delivery of certain inventory because its primary purpose was to settle patent infringement claims

  10. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  11. 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"