15 Cited authorities
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 193 times 33 Legal AnalysesReciting thirteen factors to be considered, referred to as "DuPont factors"
In re Dixie Restaurants, Inc.
105 F.3d 1405 (Fed. Cir. 1997) Cited 34 timesHolding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 timesNo. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 13 times 1 Legal AnalysesHolding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion
Weiss Associates, Inc. v. HRL Associates, Inc.
902 F.2d 1546 (Fed. Cir. 1990) Cited 21 timesAffirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."
Jean Patou, Inc. v. Theon, Inc.
9 F.3d 971 (Fed. Cir. 1993) Cited 10 timesNo. 93-1204. November 17, 1993. Howard P. Peck, Atty., Abelman, Frayne Schwab, New York City, argued for appellant. With him on the brief was Julianne Abelman. Mark F. Harrington, Atty., Perman Green, Fairfield, CT, for appellee. Appeal from the Patent and Trademark Office. Before RICH, MAYER, and SCHALL, Circuit Judges. RICH, Circuit Judge. This appeal is from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) which both sustained and dismissed
Canadian Imperial Bank v. Wells Fargo Bank
811 F.2d 1490 (Fed. Cir. 1987) Cited 13 times 1 Legal AnalysesAffirming likelihood of confusion
TBC Corp. v. Holsa, Inc.
126 F.3d 1470 (Fed. Cir. 1997) Cited 3 timesNo. 96-1140 DECIDED: October 9, 1997 Appealed from: Patent and Trademark Office Trademark Trial and Appeal Board. (Opposition No. 84,567) Marsha G. Gentner, Jacobson, Price, Holman Stern, P.L.L.C., of Washington, D.C., argued for appellant. With her on the brief was Leesa N. Weiss. William R. Golden, Jr., of Kelley Drye Warren, of New York, New York, argued for appellee. Before RICH, NEWMAN, and RADER, Circuit Judges. Opinion for the court filed by Circuit Judge RICH. Circuit Judge RADER dissents
In re Hyper Shoppes (Ohio), Inc.
837 F.2d 463 (Fed. Cir. 1988) Cited 11 times 1 Legal AnalysesFinding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"
Federated Foods v. Fort Howard Paper Co.
544 F.2d 1098 (C.C.P.A. 1976) Cited 17 times 1 Legal AnalysesStating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 times 274 Legal AnalysesGranting 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 1112 - Classification of goods and services; registration in plurality of classes
15 U.S.C. § 1112 Cited 25 times 1 Legal AnalysesAuthorizing classification scheme