§

Applied Policy, LLC v. Assertive Professionals, LLC

92067712 (T.T.A.B. Jun. 12, 2020)
Applied Policy, LLC v. Assertive Professionals, LLC

36 Cited authorities

  1. 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

  2. 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

  3. 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"

  4. 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"

  5. Zheng Cai v. Diamond Hong, Inc.

    139 S. Ct. 1550 (2019)

    No. 18–1037. 04-15-2019 ZHENG CAI, petitioner, v. DIAMOND HONG, INC. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

  6. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  7. Aycock Eng. v. Airflite

    560 F.3d 1350 (Fed. Cir. 2009)   Cited 46 times   2 Legal Analyses
    Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

  8. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 47 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  9. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  10. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 26 times
    Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,916 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark