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Houdini, Inc. v. Metrokane, Inc.

No. 92044725 (T.T.A.B. May. 1, 2008)
Houdini, Inc. v. Metrokane, Inc.

17 Cited authorities

  1. A.C. Aukerman Co. v. R.L. Chaides Const. Co.

    960 F.2d 1020 (Fed. Cir. 1992)   Cited 661 times   37 Legal Analyses
    Holding that equitable estoppel is a cognizable defense against patent infringement

  2. Advanced Cardiovascular v. Scimed Life

    988 F.2d 1157 (Fed. Cir. 1993)   Cited 203 times   2 Legal Analyses
    Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

  3. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  4. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

  5. Hemstreet v. Computer Entry Systems Corp.

    972 F.2d 1290 (Fed. Cir. 1992)   Cited 91 times   2 Legal Analyses
    Holding that "mere silence must be accompanied by some other factor which indicates that the silence was sufficiently misleading as to amount to bad faith"

  6. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 52 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge

  7. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 34 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  8. 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"

  9. Hydro-Dynamics, Inc., v. George Putnam Co.

    811 F.2d 1470 (Fed. Cir. 1987)   Cited 42 times
    Recognizing that single bona fide shipment in commerce may support registration

  10. T.A.B. Systems v. Pactel Teletrac

    77 F.3d 1372 (Fed. Cir. 1996)   Cited 29 times   1 Legal Analyses
    Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services

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

    15 U.S.C. § 1052   Cited 1,616 times   275 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 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,057 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark