Bargain Network, Inc.

16 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 32 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Beckwith v. Commr. of Patents
252 U.S. 538 (1920) Cited 177 times 1 Legal Analyses
Defining “composite marks” as those which “contain both registerable and nonregisterable matter”
In re Oppedahl & Larson LLP
373 F.3d 1171 (Fed. Cir. 2004) Cited 30 times 1 Legal Analyses
Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness
Hewlett-Packard Co. v. Packard Press, Inc.
281 F.3d 1261 (Fed. Cir. 2002) Cited 33 times
Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”
In re Steelbuilding.com
415 F.3d 1293 (Fed. Cir. 2005) Cited 26 times 2 Legal Analyses
Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning
In re Nett Designs, Inc.
236 F.3d 1339 (Fed. Cir. 2001) Cited 28 times
Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"
In re Dixie Restaurants, Inc.
105 F.3d 1405 (Fed. Cir. 1997) Cited 33 times
Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 12 times 1 Legal Analyses
Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion
In re MBNA America Bank, N.A.
340 F.3d 1328 (Fed. Cir. 2003) Cited 11 times 1 Legal Analyses
Noting that arbitrary marks are inherently distinctive
In re Boston Beer Co. Ltd. Partnership
198 F.3d 1370 (Fed. Cir. 1999) Cited 14 times 1 Legal Analyses
Holding that the claim "The Best Beer in America" amounted to mere puffery
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,604 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"

Bargain Network, Inc.

16 Cited authorities

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

Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

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

Noting that arbitrary marks are inherently distinctive

Holding that the claim "The Best Beer in America" amounted to mere puffery

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"