Benjamin L. McClung
4 Cited authorities
Abercrombie Fitch Co. v. Hunting World, Inc.
537 F.2d 4 (2d Cir. 1976) Cited 817 times 6 Legal AnalysesHolding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 57 times 4 Legal AnalysesHolding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
Hoover Co. v. Royal Appliance Mfg. Co.
238 F.3d 1357 (Fed. Cir. 2001) Cited 15 timesHolding mark "Number One in Floorcare" was "generally laudatory phrase" not entitled to trademark protection in light of absence of evidence of secondary meaning; noting, "Self-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods."
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,605 times 274 Legal AnalysesGranting 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"