Allen Street Owner LLC

18 Cited authorities

Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 109 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Palm Bay Imp. v. Veuve Clicquot Ponsardin
396 F.3d 1369 (Fed. Cir. 2005) Cited 73 times 4 Legal Analyses
Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"
Stone Lion Capital Partners, L.P. v. Lion Capital LLP
746 F.3d 1317 (Fed. Cir. 2014) Cited 26 times
Reviewing the weight given to the similarity-of-the-marks factor for legal error
In re Newbridge Cutlery Co.
776 F.3d 854 (Fed. Cir. 2015) Cited 5 times 3 Legal Analyses
No. 2013–1535. 01-15-2015 In re THE NEWBRIDGE CUTLERY COMPANY (trading as Newbridge Silverware). Philip Raible, Rayner Rowe LLP, of New York, NY, argued for appellant. Nathan K. Kelley, Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Christina J. Hieber and Thomas L. Casagrande, Associate Solicitors. LINN, Circuit Judge. Philip Raible, Rayner Rowe LLP, of New York, NY, argued for appellant. Nathan K. Kelley, Solicitor, United
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 13 times 1 Legal Analyses
Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion
In re Miracle Tuesday, Llc.
695 F.3d 1339 (Fed. Cir. 2012) Cited 2 times
Describing analogous factors for primarily geographically deceptively misdescriptive marks
In re Loew's Theatres, Inc.
769 F.2d 764 (Fed. Cir. 1985) Cited 26 times 2 Legal Analyses
Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco
Roederer v. Delicato Vineyards
148 F.3d 1373 (Fed. Cir. 1998) Cited 8 times
Holding that one factor can be dispositive
Kellogg Co. v. Pack'em Enterprises, Inc.
951 F.2d 330 (Fed. Cir. 1991) Cited 14 times
Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,610 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"

Allen Street Owner LLC

18 Cited authorities

Holding that it is the opposer's burden to prove fame of its mark

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

Reviewing the weight given to the similarity-of-the-marks factor for legal error

Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

Describing analogous factors for primarily geographically deceptively misdescriptive marks

Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

Holding that one factor can be dispositive

Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

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"