Above & Beyond

6 Cited authorities

Astra Pharmaceutical, v. Beckman Instruments
718 F.2d 1201 (1st Cir. 1983) Cited 156 times
Holding that temporary confusion regarding the association of salesmen from the plaintiff's company with the defendant was insufficient to raise a genuine issue of material fact
Electronic Design Sales v. Electronic Sys
954 F.2d 713 (Fed. Cir. 1992) Cited 28 times
Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"
In re Martin's Famous Pastry Shoppe, Inc.
748 F.2d 1565 (Fed. Cir. 1984) Cited 18 times
Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"
Witco Chemical Co. v. Whitfield Chemical
418 F.2d 1403 (C.C.P.A. 1969) Cited 11 times
Patent Appeal No. 8207. December 18, 1969. Sidney Wallenstein, Chicago, Ill., attorney of record, for appellant. Ben Cohen, Washington, D.C., Charles B. Spangenberg, Chicago, Ill., of counsel. William C. McCoy, Jr., Robert D. Hart, McCoy, Greene Howell, Cleveland, Ohio, for appellee. Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges. RICH, Acting Chief Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,608 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"
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"

Above & Beyond

6 Cited authorities

Astra Pharmaceutical, v. Beckman Instruments

Holding that temporary confusion regarding the association of salesmen from the plaintiff's company with the defendant was insufficient to raise a genuine issue of material fact

Electronic Design Sales v. Electronic Sys

Holding that purchaser confusion is the "primary focus" and, in case of goods and services that are sold, "the inquiry generally will turn on whether actual or potential `purchasers' are confused"

In re Martin's Famous Pastry Shoppe, Inc.

Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

Witco Chemical Co. v. Whitfield Chemical

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 1126 - International conventions

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"