Melissa & Doug, LLC

12 Cited authorities

  1. Amazing Spaces, Inc. v. Metro Mini Storage

    608 F.3d 225 (5th Cir. 2010)   Cited 292 times   1 Legal Analyses
    Holding absence of secondary meaning despite use of mark for ten years
  2. Converse, Inc. v. Int'l Trade Comm'n

    907 F.3d 1361 (Fed. Cir. 2018)   Cited 38 times   3 Legal Analyses
    Holding party must prove design acquired secondary meaning before first infringement
  3. In re Pacer Technology

    338 F.3d 1348 (Fed. Cir. 2003)   Cited 47 times   1 Legal Analyses

    No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA

  4. L.D. Kichler Co. v. Davoil, Inc.

    192 F.3d 1349 (Fed. Cir. 1999)   Cited 52 times
    Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive
  5. In re La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 15 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark
  6. 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
  7. In re K-T Zoe Furniture, Inc.

    16 F.3d 390 (Fed. Cir. 1994)   Cited 4 times   1 Legal Analyses

    No. 92-1509. February 8, 1994. Jerome A. Gross, Jerome A. Gross Associates, of St. Louis, Missouri, argued for appellant. With him on the brief was Carol J. Hamilton. Nancy C. Slutter, Associate Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With her on the brief was Fred E. McKelvey, Solicitor. Of counsel were Richard E. Schafer, Lee E. Barrett and Albin F. Drost. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before

  8. Application of Clorox Co.

    578 F.2d 305 (C.C.P.A. 1978)   Cited 7 times   1 Legal Analyses

    Appeal No. 77-628. June 30, 1978. Stephen M. Westbrook, San Francisco, Cal. (Phillips, Moore, Weissenberger, Lempio Majestic, San Francisco, Cal.), attorneys of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. Appeal from a Trademark Trial and Appeal Board (board)

  9. Application of E.J. Brach Sons

    256 F.2d 325 (C.C.P.A. 1958)   Cited 8 times

    Patent Appeal No. 6374. June 18, 1958. Cromwell, Greist Warden, Chicago, Ill. (Fred S. Lockwood, Chicago, Ill., of counsel), for appellant. Clarence W. Moore, Washington, D.C., for Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Associate Judges. JOHNSON, Chief Judge. This is an appeal from the decision of the Assistant Commissioner of Patents, 112 U.S.P.Q. 267, affirming the decision of the Examiner of Trademarks which refused registration of applicant's alleged

  10. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,904 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 1,605 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"
  12. Section 1053 - Service marks registrable

    15 U.S.C. § 1053   Cited 100 times   1 Legal Analyses
    Applying same requirement to registration of service marks