Commerce Bancorp, Inc. v. Martell & Associates Financial Services Co.

7 Cited authorities

In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 191 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
J J Snack Foods Corp. v. McDonalds' Corp.
932 F.2d 1460 (Fed. Cir. 1991) Cited 45 times 1 Legal Analyses
Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 13 times 1 Legal Analyses
Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion
Kellogg Co. v. Pack'em Enterprises, Inc.
951 F.2d 330 (Fed. Cir. 1991) Cited 14 times
Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 20 times 2 Legal Analyses
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
Interstate Brands v. Celestial Seasonings
576 F.2d 926 (C.C.P.A. 1978) Cited 12 times
Finding no error in the citation to third-party registrations
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,825 times 92 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

Commerce Bancorp, Inc. v. Martell & Associates Financial Services Co.

7 Cited authorities

In re E. I. DuPont DeNemours & Co.

Reciting thirteen factors to be considered, referred to as "DuPont factors"

J J Snack Foods Corp. v. McDonalds' Corp.

Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

In re Majestic Distilling Co., Inc.

Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

Kellogg Co. v. Pack'em Enterprises, Inc.

Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

Interstate Brands v. Celestial Seasonings

Finding no error in the citation to third-party registrations

Rule 15 - Amended and Supplemental Pleadings

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