15 U.S.C. § 1127

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States Jaycees v. Philadelphia Jaycees
  639 F.2d 134· 3d Cir.· 1981-01-30 ·cited 62×
  The court held that while the national Jaycees' incontestable trademarks were not abandoned nationally, a remand is necessary to determine if regional abandonment occurred under 15 U.S.C. § 1127(b).
• Universal City Studios, Inc. v. Nintendo Co., Ltd.
  797 F.2d 70· 2d Cir.· 1986-07-15 ·cited 20×
  The court affirmed the district court's judgment, finding that Universal tortiously interfered with Nintendo's contracts by sending cease and desist letters in bad faith, vicariously infringed Nintendo's copyright, and that the award of attorney's fees and punitive damages was pr
• Int'l Order OF Job's Daughters v. Lindeburg & Co.
  727 F.2d 1087· Fed. Cir.· 1984-02-08 ·cited 17×
  The TTAB correctly granted summary judgment to cancel the trademark registration based on the preclusive effect of a prior Ninth Circuit judgment that the appellant's emblem was a functional aesthetic component, not a trademark.
• Application of Shenango Ceramics, Inc.
  362 F.2d 287· C.C.P.A.· 1966-06-23 ·cited 16×
  A configuration that is functional and utilitarian, especially one previously covered by an expired utility patent, cannot be registered as a trademark on the Principal Register because it cannot function to distinguish the applicant's goods from those of others.
• Power Test Petroleum Distribs., Inc. v. Calcu GAS, Inc.
  754 F.2d 91· 2d Cir.· 1985-01-29 ·cited 14×
  A gasoline franchisor's requirement that franchisees sell only the franchisor's branded gasoline does not constitute an antitrust violation because the trademark and the gasoline are inseparable in the consumer's mind, and thus cannot form an illegal tie-in arrangement.
• Heaton Distrib. Co., Inc. v. Union Tank CAR Co.
  387 F.2d 477· 8th Cir.· 1967-12-27 ·cited 11×
  A former dealer who continued to use a manufacturer's trademark and palmed off other products after contract termination is liable for breach of contract, unfair competition, and trademark infringement, entitling the manufacturer to damages and injunctive relief.
• Nutri/System, Inc. v. Con-Stan Indus., Inc.
  809 F.2d 601· 9th Cir.· 1987-02-04 ·cited 7×
  The court held that the district court did not err in applying the same standards for service mark and trademark infringement and in finding no likelihood of confusion between Nutri/System and Nutri-Trim.
• Spliethoff Bevrachtingskantoor B.V. v. United Yacht Transp. LLC
  842 F. Supp. 2d 1356· S.D. Fla.· 2022-11-17 ·cited 5×
  The court held that res judicata did not bar the claims and that UYT's counterclaim for cancellation failed because Dockwise LLC's use of the mark in 2012 established priority rights that transferred to Spliethoff.
• Stetson v. Howard D. Wolf & Assocs.
  955 F.2d 847· 2d Cir.· 1992-02-06 ·cited 4×
  The court held that the district court erred in applying the wrong legal standard for trademark abandonment but affirmed the judgment because the facts, under the correct standard, demonstrated no abandonment of the trade name 'The Diamonds'.
• Application of the Pa. Fashion Factory, Inc.
  588 F.2d 1343· C.C.P.A.· 1978-12-07 ·cited 4×
  The court held that using a trade name on paper bags provided to customers for carrying purchased goods constitutes trade name usage, not trademark usage, and therefore is not registrable as a trademark.
• John Daly Enters., LLC v. Hippo Golf Co., Inc.
  646 F. Supp. 2d 1347· S.D. Fla.· 2009-08-13 ·cited 3×
  The court granted partial summary judgment, finding liability for trademark infringement, unauthorized use of likeness, and breach of contract, but denied summary judgment on damages for these claims and on the alter ego claim.
• Hiland Potato Chip Co. v. Culbro Snack Foods, Inc.
  720 F.2d 981· 8th Cir.· 1983-11-10 ·cited 2×
  The court held that the evidence supported a finding of trademark abandonment based on a public announcement of discontinuance and lack of intent to resume commercial use, and that equitable estoppel precluded the appellant from denying such intent.
• PB Legacy, Inc. v. Am. Mariculture, Inc.
  M.D. Fla.· 2020-01-09
  The court held that while the preliminary injunction against using the term 'Primo' remains, the prohibition against using the Chinese term 'pu rui mo' in China must be dissolved due to comity and sovereignty concerns related to ongoing Chinese litigation recognizing another enti
• Klayman v. Freedom's Watch, Inc.
  765 F. Supp. 2d 1348· S.D. Fla.· 2008-03-24
  The court held that the plaintiff did not have a protectable service mark in the name 'Freedom Watch' because the term is descriptive and has not acquired secondary meaning.
• Application of S'holders Data Corp.
  495 F.2d 1360· C.C.P.A.· 1974-05-16
  The court held that the computer-prepared reports are not 'goods in trade' but rather the services themselves, and thus not registrable as a trademark for goods.