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Julius Sämman Ltd. v. Ibrahim Nasser and Serious Scents, Inc.

No. 91210658 (T.T.A.B. Oct. 31, 2016)
Julius Sämman Ltd. v. Ibrahim Nasser and Serious Scents, Inc.

7 Cited authorities

  1. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  2. 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)

  3. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 14 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  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. Lens.Com, Inc. v. 1–800 Contacts, Inc.

    686 F.3d 1376 (Fed. Cir. 2012)   Cited 8 times   1 Legal Analyses
    In Lens.com, the court found that the Lens.com software facilitated the customers' online ordering, providing customers an enhanced consumer experience that provided greater value to Lens.com's online retail services.

  6. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,886 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  7. Section 2.34 - Bases for filing a trademark or service mark application

    37 C.F.R. § 2.34   Cited 14 times   24 Legal Analyses

    (a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date