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Ergon, Inc.

15 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. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 76 times
    Applying Recot in analyzing the similarity of services

  3. Empire Healthchoice Assur., Inc. v. McVeigh

    396 F.3d 136 (2d Cir. 2005)   Cited 65 times
    Affirming dismissal for lack of subject matter jurisdiction where plaintiff's only sought reimbursement of health benefits pursuant to healthcare plan established under Federal Employees Health Benefits Act

  4. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 56 times
    Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

  5. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 28 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"

  6. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 70 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  7. In re I.Am.Symbolic, LLC

    866 F.3d 1315 (Fed. Cir. 2017)   Cited 17 times
    Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

  8. Hewlett-Packard Co. v. Packard Press, Inc.

    281 F.3d 1261 (Fed. Cir. 2002)   Cited 33 times
    Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

  9. In re Guild Mortg. Co.

    No. 2017-2620 (Fed. Cir. Jan. 14, 2019)   Cited 7 times   1 Legal Analyses
    Vacating the Board's decision and remanding for the Board to reconsider one of the DuPont factors and "to reconsider its likelihood of confusion determination in the first instance in light of all the evidence"

  10. M2 Software, Inc. v. M2 Communications, Inc.

    450 F.3d 1378 (Fed. Cir. 2006)   Cited 14 times   2 Legal Analyses
    Upholding board's finding of no likelihood of confusion between marks after finding that parties' multimedia CD-Roms were not similar and had different channels of trade; one party's product was used strictly in the film and music industries and the other's was used in the fields of pharmacy and medicine.

  11. 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

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

    15 U.S.C. § 1052   Cited 1,585 times   272 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"