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Brittex Financial, Inc. v. Dollar Financial Group, Inc.

No. 92060888 (T.T.A.B. Jan. 17, 2018)
Brittex Financial, Inc. v. Dollar Financial Group, Inc.

13 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,711 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 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"

  3. International Order of Job's Daughters v. Lindeburg & Co.

    727 F.2d 1087 (Fed. Cir. 1984)   Cited 58 times   3 Legal Analyses
    Holding that under the doctrine of issue preclusion, the Ninth Circuit's earlier determination that a name and emblem did not serve as a trademark required cancellation of the registration

  4. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  5. Copelands' Enterprises, Inc. v. CNV, Inc.

    945 F.2d 1563 (Fed. Cir. 1991)   Cited 25 times   1 Legal Analyses
    Holding that PTO may deny registration if applicant has deceived consumers or competitors

  6. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  7. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  8. Morehouse Mfg. Corp. v. J. Strickland

    407 F.2d 881 (C.C.P.A. 1969)   Cited 37 times   1 Legal Analyses
    In Morehouse Mfg. Corp. v. J. Strickland Co., 407 F.2d 881, 888-89, 160 USPQ 715, 721 (CCPA 1969) the court stated that false suggestion requires the existence of likelihood of confusion.

  9. Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc.

    648 F.2d 1335 (C.C.P.A. 1981)   Cited 9 times
    Finding extensive licensing of mark MONOPOLY for real estate game relevant evidence of relatedness of goods

  10. King Candy Co. v. Eunice King's Kitchen

    496 F.2d 1400 (C.C.P.A. 1974)   Cited 8 times

    Patent Appeal No. 9245. June 6, 1974. J. Timothy Hobbs, Washington, D.C. (Mason, Fenwick Lawrence, Washington, D.C.), attorney of record, for appellant. William B. Mason, Arlington, Va. (Mason, Mason Albright, Arlington, Va.), attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973)

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,292 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,600 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"