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The Independent Order of Foresters v. Catholic Order of Foresters

No. 92042562 (T.T.A.B. Jul. 31, 2009)
The Independent Order of Foresters v. Catholic Order of Foresters

20 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 222,209 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  4. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 83 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. 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

  7. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark

  8. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  9. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

  10. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 338,855 times   162 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,913 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,609 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"

  14. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,053 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  15. Section 1058 - Duration, affidavits and fees

    15 U.S.C. § 1058   Cited 243 times   25 Legal Analyses
    Providing a ten-year duration for registered marks

  16. Section 1126 - International conventions

    15 U.S.C. § 1126   Cited 185 times   29 Legal Analyses
    Stating that an application under § 44 "must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration"

  17. Section 1067 - Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

    15 U.S.C. § 1067   Cited 50 times   1 Legal Analyses
    Requiring the TTAB "to determine and decide the respective rights of registration" when an opposition to registration has been filed