Legal Opinion

In Re Pennington Seed, Inc. (Mark Formerly Owned by Krb Seed Company, Llc)

Court of Appeals for the Federal Circuit

Decided October 19, 2006No. 2006-1133PublishedCited by 28 opinions

1Opinion of the Court

LOURIE, Circuit Judge.

DECISION

Pennington Seed, Inc. (“Pennington”) appeals from the decision of the United States Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (the “Board”) refusing registration of the term “Rebel” as a trademark for a variety of grass seed. In re KRB Seed Co., 76 U.S.P.Q.2d 1156, 2005 WL 2451656 (T.T.A.B.2005). Because the Board correctly determined that the applied-for mark is the generic designation for that variety of grass seed and hence is not entitled to trademark registration, we affirm.

BACKGROUND

On July 25, 2001, KRB Seed Company, LLC…

2Cases cited12 opinions

  1. TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
  2. In Re Merrill Lynch, Pierce, Fenner, and Smith, IncCourt of Appeals for the Federal Circuit · 1987
  3. Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
  4. On-Line Careline, Inc. v. America Online, Inc., (Substituted for Compuserve, Inc.)Court of Appeals for the Federal Circuit · 2000
  5. In Re Northland Aluminum Products, Inc.Court of Appeals for the Federal Circuit · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re 1800Mattress. Com IP, LLCCourt of Appeals for the Federal Circuit · 2009
  2. In Re SonesCourt of Appeals for the Federal Circuit · 2009
  3. Marketquest Grp., Inc. v. BIC Corp.District Court, S.D. California · 2018
  4. Maya Swimwear, Corp. v. Maya Swimwear, LLCDistrict Court, D. Delaware · 2011
  5. Inre: Nordic Naturals, Inc.Court of Appeals for the Federal Circuit · 2014

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API