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E. Rothenberg and J. Zempel v. Eric Beckman

No. 91115326 (T.T.A.B. May. 29, 2001)
E. Rothenberg and J. Zempel v. Eric Beckman

14 Cited authorities

  1. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  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. 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"

  4. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark

  5. Kangol Ltd. v. Kangaroos U.S.A., Inc.

    974 F.2d 161 (Fed. Cir. 1992)   Cited 11 times

    No. 92-1059. August 31, 1992. James M. Wetzel, Chicago, Ill., argued for appellant. With him on the brief was Joanne M. Dennison, Chicago, Ill. Paul M. Denk, St. Louis, Mo., argued for appellee. Appeal from the Trademark Trial and Appeal Board. Before RICH, NEWMAN, and RADER, Circuit Judges. RICH, Circuit Judge. Kangol Limited (Kangol) appeals from the August 21, 1991, decision of the Trademark Trial and Appeal Board (TTAB) sustaining KangaROOS U.S.A., Inc.'s (Kangaroos) Opposition No. 80,228. Kangaroos

  6. CBS Inc. v. Morrow

    708 F.2d 1579 (Fed. Cir. 1983)   Cited 20 times
    In 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.

  7. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times   1 Legal Analyses
    Affirming likelihood of confusion

  8. In re Hyper Shoppes (Ohio), Inc.

    837 F.2d 463 (Fed. Cir. 1988)   Cited 11 times   1 Legal Analyses
    Finding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"

  9. 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)

  10. Smith Brothers Mfg. Co. v. Stone Mfg. Co.

    476 F.2d 1004 (C.C.P.A. 1973)   Cited 4 times

    Patent Appeal No. 8947. April 19, 1973. George R. Douglas, Jr. (Misegades Douglas), Washington, D.C., attorneys of record for appellant; Sherman Levy, Washington, D.C., of counsel. B.P. Fishburne, Jr., Washington, D.C., attorney of record, for appellee. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,224 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

  12. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 14,017 times   36 Legal Analyses
    Stating that evidence is relevant at trial if "it has any tendency to make a fact" that "is of consequence" to the "determin[ation] [of] the action" any "more or less probable"

  13. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,648 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"