Aura Vitamins LLC

17 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"
On-Line Careline, Inc. v. America Online
229 F.3d 1080 (Fed. Cir. 2000) Cited 77 times
Applying Recot in analyzing the similarity of services
Recot, Inc. v. Becton
214 F.3d 1322 (Fed. Cir. 2000) Cited 57 times
Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration
In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 30 times 7 Legal Analyses
Holding that certain words referring to key aspects of a genus of services were generic for those services
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 Detroit Athletic Co.
903 F.3d 1297 (Fed. Cir. 2018) Cited 18 times
Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"
Nautilus Group v. Icon Health and Fitness
372 F.3d 1330 (Fed. Cir. 2004) Cited 29 times
Holding that the district court's finding of "actual confusion" was improper where "the relatively small number of calls presented by Nautilus renders this evidence too unreliable"
In re Mighty Leaf Tea
601 F.3d 1342 (Fed. Cir. 2010) Cited 22 times 3 Legal Analyses
Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form
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"

Aura Vitamins LLC

17 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"

Applying Recot in analyzing the similarity of services

Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

Holding that certain words referring to key aspects of a genus of services were generic for those services

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

Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"

Holding that the district court's finding of "actual confusion" was improper where "the relatively small number of calls presented by Nautilus renders this evidence too unreliable"

Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

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"