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Gibson Guitar Corp. v. Concordia Investment Partners, Inc.

No. 91156482 (T.T.A.B. Jun. 10, 2009)
Gibson Guitar Corp. v. Concordia Investment Partners, Inc.

8 Cited authorities

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

    529 U.S. 205 (2000)   Cited 796 times   41 Legal Analyses
    Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

  2. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  3. 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

  4. Towers v. Advent Software, Inc.

    913 F.2d 942 (Fed. Cir. 1990)   Cited 6 times   1 Legal Analyses

    No. 90-1097. September 6, 1990. Helen Hill Minsker, of Beveridge, DeGrandi Weilacher, Washington, D.C., argued for appellant. With her on the brief was John T. Roberts. James L. Warren, of Pillsbury, Madison Sutro, San Francisco, Cal., argued for appellee. With him on the brief were Kevin M. Fong and Marina H. Park. Appeal from the Trademark Trial and Appeal Board of Patent and Trademark Office. Before MARKEY, Circuit Judge, BENNETT, Senior Circuit Judge, and CONTI, Senior District Judge. Circuit

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

    15 U.S.C. § 1052   Cited 1,605 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"

  6. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 23 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

  7. 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"

  8. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination