Honda Motor Co., Ltd. v. Michael Dalton

11 Cited authorities

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.”
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
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"
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal Analyses
Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 45 times 8 Legal Analyses
Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
Magic Wand, Inc. v. RDB, Inc.
940 F.2d 638 (Fed. Cir. 1991) Cited 32 times 1 Legal Analyses
Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"
In re the American Fertility Society
188 F.3d 1341 (Fed. Cir. 1999) Cited 22 times 3 Legal Analyses
Holding that an earlier precedential decision is binding precedent on later panels
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal Analyses
In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal Analyses
Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
Jewelers Vigilance Committee v. Ullenberg
853 F.2d 888 (Fed. Cir. 1988) Cited 5 times
Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,597 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"

Honda Motor Co., Ltd. v. Michael Dalton

11 Cited authorities

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

Holding that an earlier precedential decision is binding precedent on later panels

In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

Recognizing that Fed.R.Civ.P. 56 is made applicable to proceedings before the board by 37 C.F.R. § 2.116

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"