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Dille Family Trust v. Nowlan Family Trust

No. 91200643 (T.T.A.B. Sep. 25, 2015)
Dille Family Trust v. Nowlan Family Trust

13 Cited authorities

  1. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  2. 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.”

  3. Midwestern Pet Foods, Inc. v. Societe Des Produits Nestle S.A.

    685 F.3d 1046 (Fed. Cir. 2012)   Cited 19 times
    Declining to "infer from Nestle's failure to provide survey evidence that such evidence would be harmful"

  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. Jewelers Vigilance Comm. v. Ullenberg Corp.

    823 F.2d 490 (Fed. Cir. 1987)   Cited 24 times
    Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”

  6. In re Polar Music International AB

    714 F.2d 1567 (Fed. Cir. 1983)   Cited 20 times   1 Legal Analyses
    Finding that corporation that controlled the quality of sound recordings for a rock band was "source" of those recordings and thus was entitled to register name of band for use on albums

  7. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  8. Powermatics, Inc. v. Globe Roofing Products

    341 F.2d 127 (C.C.P.A. 1965)   Cited 16 times

    Patent Appeal No. 7281. February 11, 1965. Burgess, Dinklage Sprung, New York City (Arnold Sprung, New York City, of counsel) for appellant. Robert C. Williams, D.D. Allegretti, Chicago, Ill., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. WORLEY, Chief Judge. Powermatics appeals from the decision of the Trademark Trial and Appeal Board awarding priority to Globe, senior party, in a trademark interference between Globe's Registration No. 704,179 for "PANELUME"

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

    15 U.S.C. § 1125   Cited 15,735 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"

  10. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,891 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  11. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,604 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"

  12. Section 401 - Notice of copyright: Visually perceptible copies

    17 U.S.C. § 401   Cited 242 times   3 Legal Analyses
    Requiring notice on works published "by authority of the copyright owner"

  13. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"