Dong-jun Moon

23 Cited authorities

Abercrombie Fitch Co. v. Hunting World, Inc.
537 F.2d 4 (2d Cir. 1976) Cited 819 times 6 Legal Analyses
Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit
Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 109 times 4 Legal Analyses
Holding that it is the opposer's burden to prove fame of its mark
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 193 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Nutri/System, Inc. v. Con-Stan Industries, Inc.
809 F.2d 601 (9th Cir. 1987) Cited 126 times 1 Legal Analyses
Holding that after a bench trial, the trial court properly discounted instances of confusion that "at best, were thin, and at worst, were trivial"
Palm Bay Imp. v. Veuve Clicquot Ponsardin
396 F.3d 1369 (Fed. Cir. 2005) Cited 73 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"
Juice Generation, Inc. v. GS Enterprises LLC
794 F.3d 1334 (Fed. Cir. 2015) Cited 29 times 2 Legal Analyses
Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"
Stone Lion Capital Partners, L.P. v. Lion Capital LLP
746 F.3d 1317 (Fed. Cir. 2014) Cited 26 times
Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services
In re Viterra Inc.
671 F.3d 1358 (Fed. Cir. 2012) Cited 27 times 3 Legal Analyses
Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"
In re St. Helena Hosp.
774 F.3d 747 (Fed. Cir. 2014) Cited 6 times 3 Legal Analyses
Affirming Board's determination that applicant's and registrant's marks have similar connotations where although "the [use] specimens refer to days and minutes, respectively, neither identification specifies a certain period of time or suggests any specific meaning of the word ‘TEN’ or the numeral ‘10’ " present in the applicant's and registrant's marks
Bridgestone Americas Tire Operations, LLC v. Federal Corp.
673 F.3d 1330 (Fed. Cir. 2012) Cited 8 times
No. 2010–1376. 2012-03-16 BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (formerly Bridgestone Firestone North American Tire, LLC) and Bridgestone Corporation, Appellants, v. FEDERAL CORPORATION, Appellee. Douglas A. Rettew, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellants. With him on the brief was Danny M. Awdeh. Everett E. Fruehling, Christensen, O'Connor Johnson Kindness PLLC, of Seattle, Washington, argued for appellee. NEWMAN Douglas A. Rettew, Finnegan
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,921 times 127 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 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"

Dong-jun Moon

23 Cited authorities

Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

Holding that it is the opposer's burden to prove fame of its mark

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

Holding that after a bench trial, the trial court properly discounted instances of confusion that "at best, were thin, and at worst, were trivial"

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"

Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

Requiring a filing of a Statement of Use to register a mark

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"