Legal Opinion
Earnhardt v. Kerry Earnhardt, Inc.
Court of Appeals for the Federal Circuit
Decided July 27, 2017No. 2016-1939PublishedCited by 16 opinions
1Opinion of the Court
CHEN, Circuit Judge.
This case arises from Kerry Earnhardt, Inc.’s' (KEI) trademark application with the U.S. Patent and Trademark Office (PTO) to register the mark EARNHARDT COLLECTION for “furniture” in class 20 and “custom construction of homes” in class 37. Teresa Earnhardt opposed registration based on an asserted likelihood of confusion with her registered marks in DALE EARNHARDT for goods and services in yarious classes and her common law rights in EARNHARDT and DALE EARNHARDT acquired by use with various goods and services. She also opposed registration because in her view EARNHARDT…
2Cases cited14 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- In Re Merrill Lynch, Pierce, Fenner, and Smith, IncCourt of Appeals for the Federal Circuit · 1987
- In Re: Cordua Restaurants, Inc.Court of Appeals for the Federal Circuit · 2016
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chas. H. Challen (1804) Limited, Trademark Trial and Appeal Board2020
- Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena, Trademark Trial and Appeal Board2023
- Major League Baseball Players Association v. Michael P. Chisena, Trademark Trial and Appeal Board2023
- Major League Baseball Players Association v. Michael P. Chisena, Trademark Trial and Appeal Board2023
- NextGen Management, LLC, Trademark Trial and Appeal Board2023
11 more not listed; retrieve them via the Exa API.