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Board of Directors of the American College of Veterinary Sports Medicine and Rehabilitation v. Sheila Lyons

No. 91206077 (T.T.A.B. Mar. 30, 2015)
Board of Directors of the American College of Veterinary Sports Medicine and Rehabilitation v. Sheila Lyons

9 Cited authorities

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 950 times   7 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  2. N.L.R.B. v. United Technologies Corp.

    706 F.2d 1254 (2d Cir. 1983)   Cited 263 times
    Finding claims not precluded for these reasons

  3. 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.”

  4. 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"

  5. Mayer/Berkshire Corp. v. Berkshire Fashions, Inc.

    424 F.3d 1229 (Fed. Cir. 2005)   Cited 15 times   1 Legal Analyses
    Vacating TTAB dismissal that was based on preclusive effect of district court infringement litigation

  6. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  7. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  8. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  9. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,610 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit