Legal Opinion
In Re Becton, Dickinson and Co.
Court of Appeals for the Federal Circuit
Decided April 12, 2012No. 2011-1111PublishedCited by 47 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge CLEVENGER.
Dissenting opinion filed by Circuit Judge LINN.
CLEVENGER, Circuit Judge.
Becton, Dickinson and Company (“BD”) appeals from the final decision of the Trademark Trial and Appeal Board (“Board”) affirming the examining attorney’s refusal to register BD’s design of a closure cap for blood collection tubes as a trademark on the ground that the design is functional. BD also appeals the Board’s determination that the mark has not acquired distinctiveness. We need not reach the issue of acquired distinctiveness. *1360Even if the mark had acquired the…
2Cases cited16 opinions
- TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
- Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- In Re Bayer AktiengesellschaftCourt of Appeals for the Federal Circuit · 2007
- On-Line Careline, Inc. v. America Online, Inc., (Substituted for Compuserve, Inc.)Court of Appeals for the Federal Circuit · 2000
11 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- McAirlaids, Inc. v. Kimberly-Clark CorporationCourt of Appeals for the Fourth Circuit · 2014
- Schutte Bagclosures Inc. v. Kwik Lok Corp.District Court, S.D. New York · 2016
- A.V.E.L.A., Inc. v. Estate of Marilyn Monroe, LLCDistrict Court, S.D. New York · 2017
- Heckler & Koch, Inc. v. German Sport Guns GmbHDistrict Court, S.D. Indiana · 2014
- Ceramtec Gmbh v. Coorstek Bioceramics LLCCourt of Appeals for the Federal Circuit · 2025
42 more not listed; retrieve them via the Exa API.