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Carole A. Faulkner and Christopher A. Faulkner v. Gary Domel

No. 91210234 (T.T.A.B. May. 19, 2015)
Carole A. Faulkner and Christopher A. Faulkner v. Gary Domel

18 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. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  4. 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"

  5. 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

  6. Jewelers Vigilance Comm. v. Ullenberg Corp.

    823 F.2d 490 (Fed. Cir. 1987)   Cited 24 times
    Finding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”

  7. 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

  8. Towers v. Advent Software, Inc.

    913 F.2d 942 (Fed. Cir. 1990)   Cited 6 times   1 Legal Analyses

    No. 90-1097. September 6, 1990. Helen Hill Minsker, of Beveridge, DeGrandi Weilacher, Washington, D.C., argued for appellant. With her on the brief was John T. Roberts. James L. Warren, of Pillsbury, Madison Sutro, San Francisco, Cal., argued for appellee. With him on the brief were Kevin M. Fong and Marina H. Park. Appeal from the Trademark Trial and Appeal Board of Patent and Trademark Office. Before MARKEY, Circuit Judge, BENNETT, Senior Circuit Judge, and CONTI, Senior District Judge. Circuit

  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. Powermatics, Inc. v. Globe Roofing Products

    341 F.2d 127 (C.C.P.A. 1965)   Cited 16 times

    Patent Appeal No. 7281. February 11, 1965. Burgess, Dinklage Sprung, New York City (Arnold Sprung, New York City, of counsel) for appellant. Robert C. Williams, D.D. Allegretti, Chicago, Ill., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. WORLEY, Chief Judge. Powermatics appeals from the decision of the Trademark Trial and Appeal Board awarding priority to Globe, senior party, in a trademark interference between Globe's Registration No. 704,179 for "PANELUME"

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,428 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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,599 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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"

  15. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"