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PGA Tour, Inc. v. Timothy J. Constantine

No. 91169260 (T.T.A.B. May. 29, 2008)
PGA Tour, Inc. v. Timothy J. Constantine

7 Cited authorities

  1. Bose Corp. v. QSC Audio Products, Inc.

    293 F.3d 1367 (Fed. Cir. 2002)   Cited 35 times   2 Legal Analyses
    Finding that product marks, ACOUSTIC WAVE and WAVE, were famous in addition to their house mark, BOSE

  2. Hoover Co. v. Royal Appliance Mfg. Co.

    238 F.3d 1357 (Fed. Cir. 2001)   Cited 15 times
    Holding mark "Number One in Floorcare" was "generally laudatory phrase" not entitled to trademark protection in light of absence of evidence of secondary meaning; noting, "Self-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods."

  3. Roederer v. Delicato Vineyards

    148 F.3d 1373 (Fed. Cir. 1998)   Cited 8 times
    Holding that one factor can be dispositive

  4. Sanyo Watch Co., Inc. v. Sanyo Elec. Co.

    691 F.2d 1019 (Fed. Cir. 1982)   Cited 4 times   1 Legal Analyses
    Holding that the opposer in a proceeding to test likelihood of confusion "bears the burden of proof which encompasses not only the ultimate burden of persuasion, but also the obligation of going forward with sufficient proof of the material allegations of the Notice of Opposition"

  5. Clinton Detergent Co. v. Procter Gamble

    302 F.2d 745 (C.C.P.A. 1962)   Cited 22 times
    In Clinton, 302 F.2d at 748, the court found that the two products in question, car detergent and dish detergent, although intended for different purposes, could be used for the same purpose, and that the purposes were related. Since the goods were also sold through the same retail outlets to the same customers, the court found that the goods were similar.

  6. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)

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

    15 U.S.C. § 1052   Cited 1,607 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"