Book to Bed, Inc.

7 Cited authorities

Two Pesos, Inc. v. Taco Cabana, Inc.
505 U.S. 763 (1992) Cited 2,000 times 35 Legal Analyses
Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown
Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 793 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
Seabrook Foods v. Bar-Well Foods LTD
568 F.2d 1342 (C.C.P.A. 1978) Cited 100 times 11 Legal Analyses
Setting forth analysis governing inherent distinctiveness of design marks
In re Chippendales USA, Inc.
622 F.3d 1346 (Fed. Cir. 2010) Cited 23 times 5 Legal Analyses
Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"
In re Slokevage
441 F.3d 957 (Fed. Cir. 2006) Cited 5 times 2 Legal Analyses
Interpreting Wal-Mart and holding that, where the alleged trade dress is incorporated into the product itself, it amounts to product design
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,882 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,599 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"

Book to Bed, Inc.

7 Cited authorities

Two Pesos, Inc. v. Taco Cabana, Inc.

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

Wal-Mart Stores, Inc. v. Samara Brothers, Inc.

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Seabrook Foods v. Bar-Well Foods LTD

Setting forth analysis governing inherent distinctiveness of design marks

In re Chippendales USA, Inc.

Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

In re Slokevage

Interpreting Wal-Mart and holding that, where the alleged trade dress is incorporated into the product itself, it amounts to product design

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"