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adidas AG v. Christian Faith Fellowship Church

No. 92053314 (T.T.A.B. Sep. 14, 2015)
adidas AG v. Christian Faith Fellowship Church

12 Cited authorities

  1. Wickard v. Filburn

    317 U.S. 111 (1942)   Cited 925 times   12 Legal Analyses
    Holding that "even if appellee’s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial effect on interstate commerce"

  2. Aycock Eng. v. Airflite

    560 F.3d 1350 (Fed. Cir. 2009)   Cited 45 times   2 Legal Analyses
    Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

  3. M.Z. Berger & Co. v. Swatch AG

    787 F.3d 1368 (Fed. Cir. 2015)   Cited 13 times   8 Legal Analyses
    Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration

  4. Couture v. Playdom, Inc.

    778 F.3d 1379 (Fed. Cir. 2015)   Cited 12 times   7 Legal Analyses
    Holding that "the offering of a service, without the actual provision of a service, is [in]sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127."

  5. Larry Harmon Pictures v. Williams Restaurant

    929 F.2d 662 (Fed. Cir. 1991)   Cited 16 times   2 Legal Analyses
    Finding single restaurant satisfied "use in commerce" requirement because "the record here established that [restaurant's mark] has been used in connection with services rendered to customers traveling across state boundaries," and distinguishing similar earlier cases where there was no such evidence

  6. Application of Gastown, Inc.

    326 F.2d 780 (C.C.P.A. 1964)   Cited 11 times
    In Gastown, the appellant operated a chain of automobile and truck service stations, some of which were located on federal highways.

  7. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,846 times   134 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

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

    15 U.S.C. § 1125   Cited 15,721 times   326 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"

  9. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,888 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  10. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,016 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  11. Section 1068 - Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation

    15 U.S.C. § 1068   Cited 25 times   3 Legal Analyses
    Stating that, in such proceedings, the Patent and Trademark Office may "modify the application or registration by limiting the goods or services specified therein"

  12. Section 2.34 - Bases for filing a trademark or service mark application

    37 C.F.R. § 2.34   Cited 14 times   24 Legal Analyses

    (a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date