§

Black Bear Bottling Group v. Black Bear Spring Water LLC

No. 92050665 (T.T.A.B. Aug. 18, 2011)
Black Bear Bottling Group v. Black Bear Spring Water LLC

12 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 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"

  3. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 82 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  4. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 51 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge

  5. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 70 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  6. 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

  7. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  8. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 11 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  9. Weiss Associates, Inc. v. HRL Associates, Inc.

    902 F.2d 1546 (Fed. Cir. 1990)   Cited 21 times
    Affirming 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."

  10. Otto Roth Co. v. Universal Foods Corp.

    640 F.2d 1317 (C.C.P.A. 1981)   Cited 20 times
    Recognizing importance of "free use of the language" in commercial speech context

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,342 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,026 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark