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Eco-Mills, LLC

No. 78441505 (T.T.A.B. Sep. 24, 2007)
Eco-Mills, LLC

13 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 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 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"

  3. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 89 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  4. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 74 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  5. In re Chatam International Inc.

    380 F.3d 1340 (Fed. Cir. 2004)   Cited 24 times   1 Legal Analyses
    Holding that appellant's JOSE GASPAR GOLD mark is "nearly identical" to registrant's GASPAR'S ALE mark once the descriptive and non-dominant terms JOSE, GOLD and ALE are properly discounted

  6. In re Hearst Corp.

    982 F.2d 493 (Fed. Cir. 1992)   Cited 11 times
    Finding presence of term GIRL in VARGA GIRL sufficient to distinguish from VARGAS for identical goods

  7. In re Martin's Famous Pastry Shoppe, Inc.

    748 F.2d 1565 (Fed. Cir. 1984)   Cited 18 times
    Finding 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"

  8. In re Electrolyte Laboratories, Inc

    929 F.2d 645 (Fed. Cir. 1990)   Cited 11 times   1 Legal Analyses
    Holding that the Board cannot ignore the less dominant portion of a cited mark

  9. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 17 times   1 Legal Analyses
    Stating 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

  10. Phillips Petroleum Co. v. C.J. Webb, Inc.

    442 F.2d 1376 (C.C.P.A. 1971)   Cited 9 times

    Patent Appeal No. 8525. June 3, 1971. Paul L. Gomory, Washington, D.C., Jack E. Phillips, J. Arthur Young and Donald J. Quigg, Bartlesville, Okla., attorneys of record, for appellant. Edward C. Gonda, Arthur H. Seidel, Seidel, Gonda Goldhammer, Philadelphia, Pa., attorneys of record, for appellee. Before RICH, ALMOND, BALDWIN and LANE, Judges, and LANDIS, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Trademark Trial and Appeal Board

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

    15 U.S.C. § 1052   Cited 1,616 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"

  12. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,056 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark