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Eveready Battery Company, Inc. v. Green Planet, Inc.

No. 91180015 (T.T.A.B. Jul. 21, 2009)
Eveready Battery Company, Inc. v. Green Planet, Inc.

23 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. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 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"

  4. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 57 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. 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"

  6. Kenner Parker Toys v. Rose Art Industries

    963 F.2d 350 (Fed. Cir. 1992)   Cited 51 times
    Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks

  7. 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"

  8. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 34 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  9. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  10. Century 21 Real Estate Corp. v. Century Life of America

    970 F.2d 874 (Fed. Cir. 1992)   Cited 39 times
    Finding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 96,524 times   95 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. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"