Elan Pharma International Ltd.
5 Cited authorities
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal AnalysesHolding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal AnalysesFinding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
Van Dyne-Crotty, Inc. v. Wear-Guard Corp.
926 F.2d 1156 (Fed. Cir. 1991) Cited 31 times 5 Legal AnalysesHolding that the shorter phrase was not the legal equivalent of the longer mark
In re Loew's Theatres, Inc.
769 F.2d 764 (Fed. Cir. 1985) Cited 26 times 2 Legal AnalysesHolding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco
Section 1065 - Incontestability of right to use mark under certain conditions
15 U.S.C. § 1065 Cited 1,132 times 16 Legal AnalysesListing the requirements for incontestability