Cappuccinos Cafe, Ltd.
10 Cited authorities
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal AnalysesReciting 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 AnalysesFinding 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 timesApplying Recot in analyzing the similarity of services
In re Nat. Data Corp.
753 F.2d 1056 (Fed. Cir. 1985) Cited 73 times 1 Legal AnalysesHolding that a "likelihood of confusion cannot be predicated on dissection of a mark"
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
CBS Inc. v. Morrow
708 F.2d 1579 (Fed. Cir. 1983) Cited 20 timesIn CBS, the court gave greater weight to the verbal portion of the subject mark because the evidence showed that “approximately 15% [of the product's] total sales are by mail order, and [the product's] 17–page catalog (of record) displays” the mark a number of times without its design elements.
In re Martin's Famous Pastry Shoppe, Inc.
748 F.2d 1565 (Fed. Cir. 1984) Cited 18 timesFinding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"
Federated Foods v. Fort Howard Paper Co.
544 F.2d 1098 (C.C.P.A. 1976) Cited 16 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 1,611 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 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,053 times 5 Legal AnalysesProviding that a certificate of registration is prima facie evidence of an owner's right to use the mark