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Master Builders, Inc. ChemRex, Inc., and MBT Holding AG v. Polymerica, Inc.

No. 92030394 (T.T.A.B. Feb. 24, 2004)
Master Builders, Inc. ChemRex, Inc., and MBT Holding AG v. Polymerica, Inc.

25 Cited authorities

  1. Spraying Systems Co. v. Delavan, Inc.

    975 F.2d 387 (7th Cir. 1992)   Cited 259 times
    Finding a recognition figure of 38 percent "marginal" evidence of secondary meaning, even in a "properly designed survey"

  2. Coach House Rest. v. Coach and Six Rest

    934 F.2d 1551 (11th Cir. 1991)   Cited 144 times
    Holding that a likelihood of confusion furnishes one ground for cancelling a registration

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  4. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 73 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"

  5. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 82 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  6. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 51 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge

  7. 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

  8. J J Snack Foods Corp. v. McDonalds' Corp.

    932 F.2d 1460 (Fed. Cir. 1991)   Cited 45 times   1 Legal Analyses
    Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

  9. Electronic Design Sales v. Electronic Sys

    954 F.2d 713 (Fed. Cir. 1992)   Cited 28 times
    Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"

  10. Lincoln Logs Ltd. v. Lincoln Pre-Cut Log Homes, Inc.

    971 F.2d 732 (Fed. Cir. 1992)   Cited 26 times
    Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,974 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  13. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,605 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  14. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,038 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  15. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 916 times   50 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  16. Rule 805 - Hearsay Within Hearsay

    Fed. R. Evid. 805   Cited 903 times   4 Legal Analyses
    Allowing hearsay within hearsay only "if each part of the combined statements conforms with an exception to the rule"